USCIS Forcing Green Card Applicants to Consular Interview 2026: Major Adjustment of Status Change

The U.S. Citizenship and Immigration Services (USCIS) has released a significant policy memorandum in May 2026 fundamentally changing how most non-immigrants can obtain lawful permanent residence. Under the new guidance, the agency will generally no longer approve adjustment of status (Form I-485) filed from within the United States for the majority of non-immigrant visa categories. Instead, affected applicants will be required to depart the United States and complete the immigrant visa process through a U.S. consulate or embassy abroad — a process known as consular processing. This marks a substantial departure from the longstanding dual-path system that allowed many applicants to remain in the US while pursuing their green card. Notably, holders of dual-intent visas — such as H-1B and L-1 visas — appear to be excluded from this restrictive guidance, as their visa category already legally permits the concurrent intent to immigrate. Applicants facing exceptional or extraordinary circumstances may also qualify for exemption on a case-by-case basis. For EB-3 applicants currently in the US on non-dual-intent visas, this change could require departing the country to complete their case, which introduces risks such as triggering bars on reentry if unlawful presence has accrued. Applicants should consult an immigration attorney immediately to assess their specific situation before taking any action. The full USCIS policy memorandum is available on the USCIS newsroom. Given the scope of this change, EB-3 petitioners and beneficiaries are strongly advised to review their current visa status and pending petition stage with qualified legal counsel.