Green Card Policy Changes in 2026 Could Require Some Applicants to Leave the US

On May 22, 2026, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) issued a new policy memo on adjustment of status, which impacts anyone who wants to apply for a Green Card while still living in the United States. The policy memo announcement led to widespread confusion about what was changing and how the memo will impact cases.

What is adjustment of status?

Before 1952, people who wanted to immigrate to the U.S. needed to leave the country and seek reentry as immigrants. This created burdens and delays for people who had already established families, careers, and long-term community ties while legally living in the U.S.

Recognizing that this created hardships for both immigrants and their U.S. citizen families and employers, Congress created Section 245 of the Immigration and Nationality Act (INA). Section 245 allows eligible immigrants who are physically present in the United States to become lawful permanent residents without returning to their home countries for visa processing. This process is called adjustment of status, and it has been the normal process for decades for many applicants.

In contrast, consular processing is when people overseas apply for an immigrant visa to come to the U.S. and become a lawful permanent resident. The U.S. State Department oversees consular processing while USCIS oversees adjustment of status.

Under both Republican and Democratic administrations, Congress has enacted laws that clarify and expand adjustment of status. USCIS' policy manual states that "Congress indicated that adjustment of status should be used for purposes of family unity or otherwise be in the public interest." For the last two decades, around 500,000 people each year have gone through the adjustment of status process to get a Green Card.

What does the policy memo say?

A lot of reporting focused on USCIS' press release that accompanied the new memo. The press release stated that anyone who is in the U.S. temporarily and wants a Green Card would need to leave the country to apply, except in "extraordinary circumstances." It specifically identified students, temporary workers, and people on tourist visas. A week later, DHS issued a clarification (as reported in the New York Times) that the policy memo was just a reminder to officers of their discretionary authority and stated that people who overstay their visas or who use public assistance could be impacted.

The policy memo itself is framed as a reminder to USCIS officers that adjustment of status is a matter of discretion and that officers are to examine the totality of the circumstances in each case when determining whether to approve an adjustment of status application. Looking at the totality of the circumstances means that officers must weigh the positive and negative factors in a case when deciding whether to approve or deny it. This approach is not new as officers have always needed to take this approach. What is unclear is how much this policy memo will end in denials or people being required to go overseas for consular processing.

What is different is how the memo aims to reframe adjustment of status as an "extraordinary relief" for limited cases and asserts that Congress wanted people who are in the United States temporarily to leave the country rather than to pursue adjustment of status. Critics argue this interpretation directly conflicts with INA Section 245. Many immigration attorneys note that Congress already created detailed eligibility requirements in the INA, addressing admissibillity, visa availability, and other requirements.

That is why it is important to understand what a policy memo can and cannot do. A policy memo cannot override a statute (such as the INA) passed by Congress and signed into law by a U.S. president. What a policy memo can do is tell the federal branch of government how to implement a statute that Congress has passed.

That's why some viewed this policy as an attempt to rewrite congressional intent through administrative language. Their argument is that if Congress intended adjustment of status to function as a rare exception, lawmakers could have drafted the statute that way decades ago. Since USCIS did not issue additional guidance alongside the policy memo other than a few clarifications issued to the press, it is unclear how exactly this policy memo will impact adjudications.

That legal tension could potentially lead to future litigation or further clarifications from USCIS.

Can I still apply for adjustment of status?

As with any case, the answer will depend on your particular circumstances and your immigration history in the U.S. But it is worth noting that:

• The policy memo does not eliminate adjustment of status as a legal pathway to a Green Card.
• The policy memo does not require USCIS officers to deny certain categories of adjustment of status applications or prevent them from approving these applications.

At this time, it is unclear how this new policy will impact USCIS adjudications. The American Immigration Lawyers Association (AILA) has reported that there have been additional questions at interviews about visa overstays. Other reports said that applicants have been asked about their intentions when they entered the U.S. on a nonimmigrant visa.

If you are considering leaving the country to go through consular processing, it would be useful to discuss the potential benefits and risks with an immigration attorney. For some, leaving the U.S. would trigger a three- or ten-year bar to returning to the U.S. For others from a country on the State Department’s travel ban list, consular processing is paused indefinitely for any Green Card applicants, meaning you would face a long separation from your family in the U.S. And for most, the financial impact of leaving the country and how long you may need to wait for a visa interview will need a close look.

What factors will USCIS look at in my case?

Regardless of the May 22, 2026 memo, USCIS has a policy manual that lists the positive and negative factors that USCIS officers should review in adjustment of status cases.

Some negative factors include:

• Violations of immigration law or of the conditions of your immigration status
• Conduct after being admitting to the U.S. that is inconsistent with what you told immigration officials was your intent in coming to the U.S.
• Failing to depart after your period of authorized stay expired
• Insufficient vetting and screening information from certain countries
• Anti-American, terrorist, and/or antisemitic activity
• Fraud or false testimony
• Violations of law
• History of unemployment or unauthorized employment
• Removal orders

Some positive factors include:

• Close family ties in the U.S.
• Hardship to you or close relatives if denied
• Length of lawful residence in the U.S. and your conduct during this time
• Compliance with immigration law and conditions
• Property, investment, and/or business ties in the U.S.
• Employment history
• Education, specialized skills, and/or training obtained while in the U.S.
• Earning potential and prospective employment
• Respect for law and order, such as no criminal record or evidence of paying child support
• Honorable service in the U.S. military
• Community service

The impact of this policy memo

The ultimate impact of this policy memo remains to be seen. Most immigration attorneys anticipate that more guidance and clarification will be needed, and it is possible that court cases will arise that could change how this policy is implemented.