USCIS tightens adjustment of status from 22 May 2026

On 22 May 2026 USCIS issued memo PM-602-0199, granting adjustment of status only in exceptional cases and requiring most applicants to use consular processing outside the United States.

On 22 May 2026, United States Citizenship and Immigration Services (USCIS) published a new policy memorandum providing that adjustment of status (AOS) will be granted only in exceptional cases. The document, numbered PM-602-0199, affirms that AOS is a discretionary administrative measure rather than an entitlement.

According to the USCIS announcement, foreign nationals wishing to become permanent residents must from now on useconsular processingthrough the United States Department of State outside American territory, unless their circumstances are exceptional. This is a significant change to decades of practice onadjustment of status (AOS).

Legal basis and the new position

The memorandum cites section 245 of the Immigration and Nationality Act (INA §245), affirming that AOS is an “exceptional” form of relief granted as a matter of administrative grace and is not intended to replace ordinary consular processing. It directs USCIS officers to weigh discretionary factors case by case and to treat an applicant’s decision to remain in the United States to seek AOS, rather than departing for consular processing, as a negative factor in the discretionary analysis.

USCIS spokesperson Zach Kahler said the agency is “returning to the original meaning of the law to ensure that foreign nationals move through the immigration system properly”. On the USCIS argument, those admitted in a non-immigrant category are expected to leave the United States before filing for permanent residence, and the new policy prevents AOS from being used as a short cut.

The memorandum does not change the list of applicants eligible to fileForm I-485, but shifts the discretionary balance against processing inside the country. USCIS has also said it will review specific applicant groups and may issue separate policy guidance for individual AOS categories in due course.

Impact and exceptions

The memorandum notes that some groups may be less affected because of the particular legal character of the visa they hold. In particular, applicants in thevisa H-1Band L-1 categories, along with their dependants, may not face the same tightening as others, since both visas apply the dual intent principle — allowing the holder to acknowledge an intention to immigrate without breaching non-immigrant visa conditions.

The group most affected is family-sponsored applicants filing AOS inside the country, particularly the spouses and dependants of American citizens and holders of aUnited States permanent resident card. For them, leaving the United States for consular processing means an interview at an American consulate in their country of origin, lengthening the wait and adding procedural complexity.

For EB-5 investor immigrants, although the category does not fall under dual intent, most applicants already hold valid visa status and may still be considered favourably by USCIS on discretionary grounds. Under the terms of the memorandum, however, an applicant will have to demonstrate exceptional circumstances in order to continue with AOS rather than consular processing.

Points left unclear in the document

The memorandum does not state when it takes effect and does not address the USCIS position on AOS applications already in progress. It says only that USCIS will “review the various discretionary paths to AOS as well as distinct applicant groups” and may issue specific policy guidance for each “to assist officers in identifying which cases may or may not be processed domestically”.

At the time of publication, USCIS had not announced from what date AOS applicants will no longer be able to file inside the country. Nor does the memorandum set out criteria defining “exceptional circumstances”, leaving the scope open to further guidance in later notices.