USCIS May 22 2026 Memorandum: Green Card Applicants Must Return Home Country Under New AOS Standard

USCIS announced a sweeping change to its Adjustment of Status (AOS) policy, declaring that aliens temporarily present in the United States must now return to their home country to apply for a green card via consular processing. The agency framed the change as closing a 'loophole,' asserting that a temporary visit to the US 'should not function as the first step in the Green Card process.' The policy was formalized in a memorandum dated May 22, 2026. The new standard represents a dramatic departure from decades of AOS practice, under which eligible applicants could file Form I-485 without leaving the US if they maintained valid status and had a visa number immediately available. For EB-3 applicants — particularly those from high-backlog countries such as India and China — this change could force long waits abroad while priority dates remain unavailable. Legal observers are questioning whether the new policy directly conflicts with Matter of Cavazos, a precedent decision that established specific criteria for AOS eligibility. If USCIS's new administrative standard contradicts established Board of Immigration Appeals (BIA) case law, it could face legal challenges in federal court, potentially creating uncertainty for pending I-485 filers. For EB-3 applicants currently in the US on H-1B, L-1, or other nonimmigrant visas with pending or approvable green card petitions, the practical implications are significant. Consular processing abroad introduces risks such as visa denial, administrative processing delays, and the need to depart the US — potentially affecting employment and family stability. Applicants with pending I-485 cases or those planning to file should consult with an immigration attorney immediately to assess how this policy shift affects their individual situation. It remains unclear whether the new standard applies to already-filed applications or only to future filings.