USCIS Issues Major Policy Shift on Green Card applications Filed Inside the U.S.

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, signaling a meaningful shift in how green card applications filed from inside the United States will be evaluated going forward.

For years, the most common pathway to a green card for people already in the U.S. has been Adjustment of Status (AOS) — a process that allows eligible individuals to apply for permanent residence here, without having to return to their home country. Under this new memo, USCIS is directing its officers to treat AOS in the US as an exceptional, discretionary benefit rather than a routine outcome.

In USCIS's own words: nonimmigrants who come to the U.S. as students, temporary workers, or tourists "should not" use their stay as "the first step in the Green Card process."

What this means in practice

The underlying law has not changed, and AOS has not been eliminated. But the bar for approval has been raised. Before allowing AOS in the US, officers are now instructed to weigh each application on its full merits, considering factors such as:

• Whether the applicant complied with the terms of their visa

• Whether they worked without authorization or had any gaps in status

• Whether the standard process of applying through a U.S. consulate abroad was available to them

• Positive equities such as U.S. family ties, length of lawful residence, tax history, and community ties

Critically, meeting the eligibility requirements is now the starting point — not the finish line. Applicants will need to affirmatively demonstrate why they should be allowed to adjust their status in the US, rather than go through consular processing abroad. And this applies to cases already pending, not just new filings.

Who is not affected

The memo carves out several categories that remain on a different track, including non discretionary grants.

An important legal note

While this is a significant development, it is worth noting that this is a policy memo — not a new statute or regulation. Its legal authority is already being questioned within the immigration bar. Critics have pointed out that the memo does not engage with the actual regulatory text governing AOS, which does not grant USCIS the broad discretionary denial authority the memo implies. If widespread denials begin to issue under this framework, legal challenges — potentially including class action litigation — are widely anticipated. We will be monitoring those developments closely.

Please feel free to contact us with any questions. We will continue to send updates as this evolves.