Must Leave US to Get Green Card: USCIS New Rule May 22 2026 Limits Adjustment of Status

On May 22, 2026, USCIS released a major policy memorandum fundamentally changing how adjustment of status (Form I-485) applications are evaluated. Under the new guidance, permanent residency through in-country adjustment is now reserved for 'extraordinary circumstances,' with USCIS characterizing the process as a discretionary grant of 'administrative grace' rather than a standard pathway. Most nonimmigrants currently in the U.S.—including students, tourists, and certain temporary workers—who wish to obtain a green card will likely be required to leave the United States and apply for an immigrant visa through consular processing at a U.S. embassy or consulate abroad. This reverses decades of common practice in which applicants could remain in the U.S. throughout the entire green card process. For EB-3 applicants, the impact depends heavily on visa category. H-1B and L-1 workers, along with their H-4 and L-2 dependents, benefit from dual-intent protections under federal law, meaning their adjustment applications are not inherently inconsistent with their nonimmigrant status. However, the memo cautions that dual-intent status alone does not guarantee a favorable discretionary decision—officers must still weigh all relevant factors individually. USCIS officers are directed to conduct case-by-case evaluations weighing factors such as immigration law violations, fraud, conduct after admission, failure to depart as required, and family ties. Notably, the memo does not define 'extraordinary circumstances' with specific examples or a checklist, leaving significant discretion to individual officers. According to USCIS, the stated goals are reducing visa overstays among denied applicants and reallocating agency resources toward naturalization, victim-based visas, and other priorities. Importantly, filing a new I-485 remains permitted—the change applies to how officers adjudicate (approve or deny) those applications, not whether they can be submitted.