USCIS Green Card Policy Change May 2026: New AOS Memo May Block Adjustment of Status

A significant new USCIS policy memo on Adjustment of Status (AOS) is drawing sharp criticism from immigration attorneys, who are urging affected applicants to challenge the new agency position rather than comply without contest. The memo appears to restrict who can adjust status from within the United States, potentially forcing more applicants — including EB-3 beneficiaries — to pursue consular processing from their home countries instead. The Economist covered the development in a May 26, 2026 article, characterizing it as the Trump administration's most consequential move yet to curtail legal immigration. Immigration lawyers quoted in that coverage described the legal basis for the memo as unsound, suggesting the policy may be vulnerable to court challenge. For EB-3 applicants currently in the United States, this memo could have immediate consequences: those who expected to file or complete an I-485 Adjustment of Status application domestically may now face denial or be redirected to a U.S. consulate abroad. This adds significant complexity, cost, and processing time to cases that were previously on a domestic track. Attorneys are advising clients not to abandon pending or planned AOS filings without first consulting legal counsel. If the policy is legally deficient as claimed, early legal challenges could result in injunctions that protect in-progress cases. Applicants should monitor updates from AILA and major immigration law organizations closely in the coming days.