On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a policy memo that reframes adjustment of status, the process of getting your green card while you’re inside the United States, as “extraordinary relief.” In other words, USCIS is now telling its officers to start from the assumption that going through a U.S. consulate abroad is the normal route, and that adjusting inside the country is the exception.
This is a real shift. For many decades, adjusting status inside the U.S. has been the standard option for people who are already here lawfully. The law itself hasn’t changed. What’s changed is how USCIS officers are being told to think about your case.
Who this Actually Affects
The memo applies to family-based green cards, employment-based green cards, the diversity visa lottery, and several other categories where adjustment of status involves discretion. It does not apply to refugees, asylees adjusting under refugee provisions, NACARA applicants, HRIFA applicants, or Liberian Refugee Immigration Fairness applicants. Those categories are governed by different rules and remain outside the scope of this memo.
What Officers are Weighing
Individuals that apply for an adjustment of status while in the U.S. face more in-depth scrutiny from immigration officials. USCIS officers are now being told to look at your case as a whole and ask whether they should grant it or whether they should make you go abroad and apply through a consulate. They’re weighing factors on both sides.
On the negative side, officers are looking at things like past immigration violations, breaking the conditions of a previous visa, any history of fraud or false statements to a government agency, doing things that don’t match the purpose of your visa such as working without authorization, failing to leave when your status ended, the fact that you could have applied through a consulate but chose to apply here, and coming to the U.S. with a hidden intent to apply for a green card later.
On the positive side, officers are looking at real ties to the U.S., particularly a U.S. citizen or green card holder spouse and children. They’re considering a clean record, good moral character, and charitable or professional contributions. They’re also weighing a long history of paying taxes, working steadily, and being part of your community. And they’re looking at whether you bring economic value to the U.S., whether through specialized skills, a sponsoring employer, or other real contributions.
Simply not having anything negative in your file is no longer enough. The memo says you need unusual or even outstanding equities to overcome any negative factors. So if you have an overstay, a status violation, the burden is now on you to show real, documented strengths that go beyond the absence of problems.
If You’re on the H-1B or L-1 Visas
The good news is that USCIS specifically says these dual intent visas remain compatible with applying for a green card. You can still pursue both at once, and the agency has not suggested that holding one of these visas is itself a problem.
The catch is that USCIS also says that just being on H-1B or L-1, by itself, isn’t enough to win the discretion analysis. You still need to document the positive factors discussed above. Don’t assume your visa category alone will carry your case across the finish line.
If Your I-485 is Already Pending
You’re in a better position than people who haven’t filed yet, especially if you filed while in lawful status and have built up years of equities such as a steady job, taxes paid, community ties, and family here. The longer you’ve been here building a life, the stronger your discretionary case generally looks. That said, USCIS may still apply this new framework to your pending case, so it’s worth talking to your attorney about submitting supplemental evidence of your positive factors before they ask for it. Being proactive is usually better than being reactive.
What We Recommend Right Now
The first thing to do is not panic. The memo doesn’t say USCIS is going to start denying everyone. It says officers are going to look harder, which is different. The second thing is not to make sudden decisions based on something you read online. Talk to your attorney first, because a generic article cannot tell you how this applies to your specific facts.
If you have a green card case in progress, work with your attorney to put together a clear record of your positive factors, including family ties, work history, tax compliance, and community involvement. The goal is to give the officer real reasons to say yes, rather than relying on the absence of reasons to say no. If you’ve ever had an immigration issue, whether an overstay, an arrest, a status problem, or working without authorization, be upfront with your attorney so you can plan around it.
What Comes Next
We expect this policy will face legal challenges, and the immigration bar is already raising concerns about how the memo reads the law and the cases it relies on. Things may shift again as courts weigh in and as USCIS provides more detailed guidance.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.