USCIS May 2026 Memorandum: Green Card Applicants Must Return Home Country – AOS Eliminated

In a significant policy shift announced on May 22, 2026, USCIS declared that aliens present in the United States on temporary visas must return to their home countries to apply for a green card, except in extraordinary circumstances. The agency framed the change as closing 'loopholes,' asserting that a temporary U.S. visit 'should not function as the first step in the Green Card process.' This effectively dismantles the traditional Adjustment of Status (I-485) pathway for most applicants currently inside the United States. The policy immediately sparked legal debate within the immigration community, particularly regarding its compatibility with Matter of Cavazos, a Board of Immigration Appeals (BIA) precedent decision that has historically governed eligibility standards for adjustment of status. Critics argue that USCIS cannot unilaterally override a BIA precedent through an administrative memorandum without formal rulemaking under the Administrative Procedure Act (APA). For EB-3 applicants — including skilled workers, professionals, and unskilled workers — this change carries major practical consequences. Those with approved I-140 petitions who were expecting to file or are mid-process with an I-485 may now be required to pursue consular processing abroad, potentially disrupting employment, family arrangements, and timelines tied to visa bulletin priority dates. Legal experts are closely monitoring whether courts will enjoin the policy, given the potential conflict with established BIA case law and APA procedural requirements. Applicants are strongly advised to consult with a qualified immigration attorney before taking any action, particularly those with pending I-485 filings or imminent filing plans. This development arrives alongside reports of no movement in the June 2026 Visa Bulletin, compounding uncertainty for the EB-3 backlog. The coming weeks are expected to bring further litigation and agency clarification as the immigration community responds to what may be one of the most disruptive green card policy changes in recent years.