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

On May 21, 2026, USCIS issued a landmark Policy Memorandum that fundamentally reframes how Adjustment of Status (AOS) applications are evaluated. The memorandum instructs USCIS officers to treat AOS — the process allowing nonimmigrants already inside the U.S. to obtain a Green Card without leaving — as an exceptional privilege rather than a standard pathway, reversing over 60 years of established practice. Under the new guidance, USCIS adjudicators are granted significant discretionary authority to weigh factors including family ties, criminal history, immigration violations, moral character, and employment considerations. Applicants with any negative factors — even minor past immigration issues — face a heightened risk of denial and may be redirected to complete their immigrant visa process at a U.S. consulate in their home country. For EB-3 applicants, this shift carries serious practical consequences. Those currently inside the U.S. on employment visas who have a pending or future AOS application may be required to depart the country and wait abroad for their Green Card. This eliminates access to interim benefits such as Employment Authorization Documents (EADs) and Advance Parole travel documents that AOS filers currently enjoy during the wait. The ripple effects extend further: as more applicants are funneled into consular processing, already strained U.S. consulates abroad — experiencing backlogs since 2020 — will face even longer delays. Applicants from high-backlog countries such as India, China, Vietnam, and the Philippines, who rely on AOS to maintain work authorization during multi-year quota waits, are particularly at risk of disruption and family separation. It remains unclear whether this memorandum applies to already-pending AOS applications. Legal challenges are widely anticipated, and further clarification from USCIS is expected in coming weeks. EB-3 applicants are strongly advised to consult an immigration attorney immediately to assess their individual risk and explore options.