USCIS Ends Adjustment of Status Ease: Green Card Must Leave US 2026 Under New Rule

U.S. Citizenship and Immigration Services (USCIS) issued a significant policy memorandum (PM-602-0199) on May 21, 2026, signaling a major shift in how adjustment of status (AOS) applications will be evaluated. The memo emphasizes that AOS is not a right but an extraordinary form of relief granted at government discretion, directing officers to apply heightened scrutiny during adjudications. The memorandum reinforces consular processing abroad as the standard pathway for obtaining an immigrant visa, framing AOS within the United States as a limited exception. As a result, more applicants — including EB-3 petitioners — may be required to depart the U.S. and complete green card processing at a U.S. consulate rather than adjusting status from within the country. Officers are now instructed to evaluate AOS applications under a 'totality of the circumstances' standard, weighing factors such as immigration compliance history, family ties, moral character, criminal history, unauthorized employment, status violations, and whether the applicant was expected to depart before seeking permanent residence. Applicants with prior overstays, parole entry, or single-intent visas face elevated risk of denial. For EB-3 applicants and their sponsoring employers, this policy introduces meaningful uncertainty. While no immediate procedural changes are mandated and no effective date is specified, the practical implications include a likely rise in Requests for Evidence (RFEs), more interview scrutiny, and potential denials on discretionary grounds. Employers should proactively assess their sponsored employees' immigration histories. The memorandum does not alter existing law and may face legal challenge, leaving its full impact uncertain. Immigration practitioners are closely monitoring USCIS implementation trends and court responses in the coming weeks.