USCIS Stops Adjustment of Status May 2026: Green Card Applicants May Must Leave USA

On May 22, 2026, USCIS released a Policy Memorandum that could fundamentally change how Adjustment of Status (AOS) applications are evaluated. The memo characterizes AOS as an 'extraordinary act of administrative grace' — language that signals officers should exercise approval discretion far more sparingly than in past practice. While statutory eligibility requirements under the Immigration and Nationality Act remain unchanged, the practical impact on pending and future applications is expected to be significant. The memo creates a strong implied presumption in favor of consular processing, meaning applicants may increasingly be expected to leave the United States and complete their green card processing at a U.S. embassy or consulate abroad. Consular processing carries considerably more risk and uncertainty: it depends on appointment availability, country-specific security conditions, and invokes the doctrine of consular non-reviewability — denials cannot be challenged in U.S. courts. For EB-3 applicants and their sponsoring employers, this development is particularly consequential. Skilled workers, healthcare professionals, researchers, and multinational employees who are currently inside the U.S. and mid-process could face disruption to both their immigration timeline and work authorization. USCIS has not yet clarified whether the policy applies to already-pending cases, what discretionary factors will be weighted most heavily, or whether any visa categories will receive exemptions. Some early indicators of the policy shift were visible before the memo's release: immigration officers had already begun asking AOS interview applicants why they were not pursuing consular processing, whether they had family ties in the U.S., and whether any barriers to consular processing existed. These interview patterns suggest the new standard is already being applied in the field. Legal challenges and litigation are emerging. Stakeholders — including immigration attorneys and employer groups — are watching adjudication patterns closely. Administration officials have indicated exceptions may exist for individuals who contribute economically or serve national interests, but the memo leaves these criteria undefined. Employers sponsoring foreign nationals should consult immigration counsel promptly and monitor USCIS guidance updates as this policy develops.