USCIS 2026 Green Card Alert: Adjustment of Status Is Now Discretionary, Not a Right

On May 21, 2026, USCIS released a Policy Memorandum recharacterizing Adjustment of Status (AOS) — the process of filing Form I-485 to obtain a green card from within the United States — as a matter of discretion and 'administrative grace' rather than a guaranteed right. The memo argues that AOS is an exception to the standard consular immigrant visa process and should not be used to circumvent overseas processing. This signals a potentially more restrictive approach to green card adjudications going forward. However, shortly after the memo's release, a USCIS spokesperson issued a clarifying statement to news agencies, indicating that applicants who provide an 'economic benefit or otherwise are in the national interest' will likely be able to continue on their current path. Others, depending on individual circumstances, may be asked to apply for their immigrant visa abroad instead. For EB-3 applicants — particularly those maintaining valid employment-based visa status — the practical impact appears limited for now. USCIS has indicated that individuals in H-1B, L-1, or other employment visa status are expected to remain largely eligible for domestic AOS. However, individuals in parole status, those with prior unlawful presence, or those with criminal history may face heightened scrutiny or outright ineligibility. Additional risk applies to nationals of countries subject to current travel bans or USCIS processing pauses, who are likely to face further complications in their AOS applications. Legal experts widely anticipate challenges to this policy memo if it is used to deny AOS to otherwise statutorily eligible applicants. EB-3 applicants currently in the pipeline or planning to file Form I-485 should consult with their immigration attorneys to assess their individual risk profile under this evolving guidance. Mintz and other immigration law firms have committed to providing updates as the situation develops.