USCIS Forces Green Card Applicants To Leave US: May 22, 2026 Adjustment of Status Blocked

On May 22, 2026, USCIS issued a policy memorandum — without advance notice — fundamentally changing how applications for permanent residence (green cards) are adjudicated. Under the new policy, foreign nationals are now largely required to obtain their immigrant visa through a U.S. consulate abroad rather than filing an I-485 Adjustment of Status (AOS) while remaining in the United States. USCIS characterized the AOS process as a 'matter of discretion and administrative grace,' reserved only for extraordinary circumstances. The memo does not define what qualifies as 'extraordinary circumstances,' but directs officers to apply a totality-of-the-circumstances analysis. Favorable factors may include lawful maintenance of nonimmigrant status, strong U.S. family ties, and good moral character. Negative factors include immigration violations, fraud, misrepresentation, and failure to depart after a temporary stay. Critically, simply being in valid H-1B or L-1 dual-intent status is listed as a positive — but not determinative — factor. For EB-3 applicants currently in the U.S. on work visas with pending I-485 applications, this memo has significant implications. Unlike many recent policy changes, this memo does not limit its application to newly filed cases, meaning pending AOS applications may also be subject to the new standard. Applicants should expect possible Requests for Evidence (RFEs) asking them to justify why consular processing is not appropriate in their case. By law, USCIS cannot stop accepting I-485 filings — applicants retain the statutory right to file — but adjudicating officers now have broad discretion to deny those applications on the grounds that extraordinary circumstances do not exist. Applicants whose cases are denied would then need to pursue consular processing at a U.S. embassy or consulate in their home country, potentially disrupting employment and family situations. Immigration attorneys strongly advise EB-3 applicants and their employers to consult legal counsel immediately to assess their specific circumstances, evaluate whether their profile supports an extraordinary circumstances argument, and prepare documentation proactively in anticipation of RFEs or interview requests.