USCIS Memorandum May 2026: Green Card Applicants Now Forced to Consular Interview Abroad

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) released Policy Memorandum PM-602-0199, directing officers to approve Adjustment of Status (AOS) only under extraordinary circumstances. The memo reaffirms that, consistent with long-standing immigration law, most foreign nationals seeking a green card must do so through consular processing at a U.S. embassy or consulate in their home country. USCIS Spokesman Zach Kahler stated that the policy is intended to restore the original intent of the law, which was designed for nonimmigrants — such as students, temporary workers, and tourists — to depart the United States when their authorized stay ends rather than use their temporary presence as a stepping stone to permanent residency. The practical impact of this policy is significant for EB-3 and other employment-based applicants currently residing in the U.S. on nonimmigrant visas. Those who have filed or plan to file an I-485 (Application to Register Permanent Residence) may face denial or be required to pursue National Visa Center (NVC) processing and attend an immigrant visa interview at a consulate abroad instead. USCIS framed the change as a resource allocation measure, arguing that shifting cases to the State Department's consular network will free up USCIS capacity to focus on other priorities, including visas for crime victims, naturalization, and humanitarian cases. Officers are instructed to evaluate each case individually when determining whether extraordinary circumstances apply. EB-3 applicants currently in the U.S. on H-1B, F-1, or other nonimmigrant status should consult with an immigration attorney immediately to assess how this policy shift affects their pending or planned AOS filings, and whether consular processing may now be their primary or only viable pathway to a green card.