USCIS Forcing Green Card Applicants to Consular Interview 2026: Adjustment of Status Is Discretionary

In a significant policy reinforcement, USCIS has clarified that adjustment of status — the process allowing eligible immigrants already in the U.S. to obtain a green card without leaving the country — is a discretionary benefit under immigration law. This means that even applicants who meet all technical eligibility requirements may be denied or redirected to consular processing at an officer's discretion. The May 2026 guidance underscores that USCIS officers retain broad authority to evaluate the totality of circumstances when adjudicating I-485 applications. Factors such as immigration violations, criminal history, periods of unlawful presence, or prior misrepresentations can weigh against a favorable exercise of discretion, even if they do not constitute statutory bars to adjustment. For EB-3 applicants and other employment-based immigrants, this development carries practical implications. An approved I-140 petition and a current priority date do not guarantee that an I-485 will be approved in the U.S. Applicants who are sent to consular processing face additional steps, potential delays, and the requirement to depart the United States before receiving their immigrant visa. Immigration attorneys are advising clients to proactively address any potential discretionary issues — including prior immigration violations or status gaps — before filing for adjustment of status. Preparing a thorough record and legal brief explaining mitigating circumstances may help counter a negative exercise of discretion. Applicants should consult with qualified immigration counsel to assess their specific situation and determine whether adjustment of status or consular processing is the more appropriate and strategically sound pathway given USCIS's reinforced discretionary stance in 2026.