USCIS New Rules 2026: Green Card Applicants May Be Forced To Leave US for Consular Processing

On May 21, 2026, USCIS issued a significant Policy Memorandum fundamentally reshaping how it approaches Adjustment of Status (AOS)—the process that allows foreign nationals already inside the United States to apply for a green card without departing. The memo characterizes AOS as an 'extraordinary benefit' subject to broad agency discretion, a framing that represents a notable departure from prior practice and signals a tightening of green card requirements under current administration policy. The memo suggests that the majority of applicants should instead pursue consular processing at a U.S. embassy or consulate in their home country. For EB-3 applicants—especially those from high-backlog countries like Vietnam, India, and the Philippines—this shift carries significant practical consequences, as consular processing timelines and requirements differ substantially from the domestic AOS pathway. Immigration attorneys at Greenberg Traurig have raised serious concerns about the operational feasibility of this policy shift, citing chronic understaffing at U.S. consulates, existing immigrant visa backlogs, and an ongoing pause on immigrant visa processing for nationals of 75 countries. The tension between the memo's guidance and existing statutory provisions—which already permit AOS filings in many situations the memo treats as negative factors—is also a key point of contention. The memo introduces a discretionary balancing test that adjudicators will apply when evaluating AOS applications. Among the factors likely weighed negatively are certain visa overstay histories, prior unauthorized entries, and other status-related issues. This is particularly relevant for applicants with complex immigration histories or those who have relied on advance parole for international travel. Attorneys advise EB-3 applicants and their employers to take proactive steps in response: maintain valid underlying nonimmigrant status wherever possible, exercise significant caution before traveling internationally on advance parole, and begin building robust documentation that establishes economic contribution and national interest arguments to support pending or anticipated AOS filings.