USCIS 2026 Memo: Green Card Applicants May Be Forced to Leave US for Consular Processing

U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum last week that significantly recharacterizes adjustment of status (AOS) — the process that allows foreign nationals already in the U.S. to apply for permanent residence without departing. The memo describes AOS as an extraordinary and discretionary benefit, rather than a standard procedural alternative to consular processing, signaling a potential shift in how officers evaluate green card applications in 2026. Historically, applicants who met statutory eligibility requirements — such as maintaining lawful status, avoiding unauthorized employment, and entering with inspection — could generally expect AOS approval in the absence of serious adverse factors. The new memo suggests this may no longer be sufficient. USCIS officers are now directed to conduct a 'totality of the circumstances' analysis, and applicants bear the burden of demonstrating they merit a favorable exercise of discretion. Critically, pursuing AOS instead of consular processing may itself be treated as an adverse factor. For EB-3 employment-based applicants, this introduces meaningful risk. Increased discretionary scrutiny could disrupt work authorization continuity and complicate long-term green card timelines. Employers sponsoring workers under EB-3 categories — including skilled workers, professionals, and unskilled workers — may need to reassess filing strategies and prepare for the possibility that cases are redirected toward consular processing abroad. Family-based applicants face similar concerns, with a greater likelihood of inadmissibility findings, waiver requirements, and prolonged family separation if cases move to consular processing. The memo provides limited guidance on what will qualify as sufficient equities, leaving both practitioners and applicants with considerable uncertainty about how adjudications will be applied uniformly across case types. Employers and applicants are advised to act now: reevaluate green card strategies, build a robust discretionary record in AOS filings, maintain strict nonimmigrant status compliance, and consult counsel — especially in complex cases. Further USCIS guidance is expected, and stakeholders should monitor developments closely as this policy evolves.