USCIS New Rule 2026: Green Card Applicants May Be Required to Leave US for Consular Processing

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, fundamentally shifting its approach to adjustment of status (Form I-485) — the process that allows immigrants already in the United States to obtain a green card without leaving the country. Under the new policy, USCIS now characterizes adjustment of status as an 'extraordinary' act of 'administrative grace,' departing sharply from decades of established agency practice that treated it as a routine immigration pathway. The memorandum directs USCIS officers to favor consular processing abroad as the default route to permanent residence. Applicants seeking to adjust status domestically may now be required to demonstrate 'unusual or even outstanding equities,' such as strong family ties, long residence, or significant economic contributions. Officers are also instructed to weigh immigration history, visa compliance, and moral character more heavily than before. USCIS has stated that individuals in roles providing 'economic benefit' or serving the 'national interest' are more likely to be permitted to pursue adjustment inside the U.S. For EB-3 applicants and other employment-based immigrants, the practical impact could be significant. Although the memorandum does not prohibit new I-485 filings or change underlying immigration law, applicants can expect increased Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and longer adjudication timelines. Those pushed toward consular processing may face additional delays, as many U.S. consulates are already operating under significant staffing constraints. The policy applies to all pending applications as well as new filings, meaning those who have already submitted an I-485 are not exempt. USCIS has indicated that category-specific guidance may follow, suggesting further refinements to how the memo is applied across visa categories including EB-1, EB-2, and EB-3. Immigration attorneys are advising clients to proactively build records of favorable equities and to reassess whether adjustment of status or consular processing is the more strategic path given their individual circumstances.