On May 21, 2026, U.S. Citizenship and Immigration Services issued a new policy memorandum that significantly changes how it will decide permanent residence green card applications filed inside the United States. If you have applied or are planning to apply for a green card through a process called adjustment of status, this policy may affect you.
What Is Adjustment of Status
Adjustment of status allows a person who is already inside the United States to apply for a green card without having to leave the country and apply at a U.S. consulate or embassy abroad. It is filed using Form I-485.
For decades, adjustment of status has been a well established pathway to a green card used by hundreds of thousands of people each year.
What Has Changed
The new policy directs USCIS officers to treat adjustment of status as a benefit that is only granted in extraordinary circumstances, while applying for a green card at a U.S. consulate or embassy abroad is treated as the default process.
Under this policy:
- Meeting all legal requirements for a green card is no longer enough on its own to guarantee approval of adjustment of status
- USCIS officers will now weigh both positive and negative factors before deciding whether to approve or deny an application
- Having no negative factors in your record is not sufficient for approval on its own
- USCIS has indicated it may issue additional guidance in the future targeting specific groups of applicants
Who Is and Is Not Affected
This policy applies to most adjustment of status applications, including family based, employment based, and diversity visa categories.
This policy does not apply to certain categories where adjustment of status is non discretionary, meaning USCIS must approve the application if the requirements are met. These include individuals admitted under:
- Refugee status
- Nicaraguan Adjustment and Central American Relief Act
- Haitian Refugee Immigration Fairness Act
- Liberian Refugee Immigration Fairness Law
What Factors Will USCIS Consider
Under this policy, USCIS will weigh both positive and negative factors in each case to determine whether a green card should be granted inside the United States.
These factors may include:
- Immigration history
- Family ties in the United States
- Moral character
- Length of lawful residence in the United States
- Contributions through skills, employment, or community involvement
Applicants may also be asked to explain why consular processing was not pursued, including any barriers to consular processing, family ties abroad, and reasons for remaining in the United States after authorized stay expiration.
Special Considerations for H-1B, L-1, and Other Dual Intent Visas
The new policy recognizes that dual intent visa categories allow individuals to pursue permanent residence while maintaining temporary status. However, it also clarifies that being in a dual intent status alone does not guarantee approval of an adjustment of status application.
How to Prepare
Whether your adjustment of status application is already pending or you are planning to file, now is the time to ensure you have experienced legal guidance.
The immigration attorneys at Apfel Law Group stay on the forefront of rapidly changing policies and can evaluate your unique circumstances, identify potential risks, and develop strategies to help protect your case.
USCIS has indicated that additional guidance is forthcoming and legal challenges are expected. As the landscape continues to evolve, our team will continue to monitor developments and provide timely guidance so you can make informed decisions with confidence.
Final Thoughts
At Apfel Law Group, we are committed to helping individuals and families navigate complex immigration changes with clarity, personalized support, and proactive advocacy. If you are a current client with an active or future case, please be assured that our office is carefully reviewing any matters that may be impacted on a case by case basis as additional information becomes available.
If you have questions about how this policy may impact your case, contact us to schedule a consultation.