Quick Summary: A USCIS policy memo dated May 22, 2026 says that applying for a green card from inside the United States through adjustment of status is a discretionary decision. In simple terms, even if a person can file Form I-485, USCIS may look closely at the full situation before deciding whether to approve the application. The memo says officers should weigh both positive and negative facts and may expect some applicants to use consular processing abroad instead.

This post summarizes the update described in that memo in plain language. It does not predict how USCIS will decide any individual case.

What Is Adjustment of Status?

Adjustment of status is the process of applying for lawful permanent residence, often called a green card, without leaving the United States. The application is generally filed on Form I-485.

Another possible path is consular processing. That process usually involves applying for an immigrant visa through a U.S. consular post outside the United States.

According to the May 22, 2026 policy memo, USCIS views adjustment of status as an option that requires a favorable use of discretion. The memo also says adjustment of status is not meant to replace consular processing in every case.

USCIS Will Review the Full Picture

The memo directs USCIS officers to use a “totality of the circumstances” review. This means an officer should consider all relevant information, not just one fact.

The memo does not say that USCIS will automatically deny all pending or future I-485 applications. However, it does say that officers should approve an application only when the person’s positive facts support a favorable discretionary decision. It also notes that future guidance may identify categories of cases that may or may not support favorable discretion.

For applicants, the practical message is that eligibility alone may not end the review. USCIS may also ask why adjustment of status is appropriate instead of consular processing.

Factors That May Create Concern

The memo lists examples of facts USCIS may view negatively. These include violations of immigration law or the terms of a prior status, fraud or false statements to USCIS or another government agency, and conduct that did not match the purpose of a person’s visa or parole.

Other possible concerns include staying in the United States after the purpose of admission or parole ended, applying for adjustment when consular processing is available, or appearing to have planned to avoid the normal consular process.

Importantly, the memo states that maintaining lawful status in a dual-intent nonimmigrant category, by itself, is not enough to require a favorable decision. The memo also says that having no negative factors does not automatically show enough positive reasons for approval.

Positive Facts That May Support an Application

The memo identifies several types of positive facts that officers may consider. Family ties in the United States may be important, especially when separation from a U.S. citizen or lawful permanent resident spouse or child would create hardship.

Other examples include good moral character, a long record of lawful presence, employment history, tax records, community involvement, charitable contributions, and professional accomplishments. The memo also recognizes national-interest or economic-benefit considerations.

Financial difficulty may also matter. For example, the memo says officers may consider the cost of traveling home for consular processing or the impact of leaving work for a period of time. For children, the memo highlights possible Child Status Protection Act concerns if a child could lose protection after an I-485 denial and age out.

When a case includes negative facts, the memo says the applicant may need to show unusual or outstanding positive circumstances to overcome them.

What Applicants May Need to Prepare

For a planned I-485 filing, the memo suggests preparing documentation that explains and supports positive discretionary factors. Depending on the facts, that may include records related to family ties, work history, taxes, community involvement, financial hardship, or other information described in the memo.

USCIS may also send a Request for Evidence or ask additional questions at an interview. The memo indicates that applicants may be asked why they chose adjustment of status rather than consular processing, whether something would prevent consular processing, why they remained in the United States after an authorized period of stay ended, and what ties they have to their home country.

A clear, accurate response and organized supporting documents may be especially important under this type of review.

Maintaining Nonimmigrant Status May Still Matter

The memo includes a practical reminder for certain employment-based applicants: if there is an option to extend H-1B or L status while filing an I-485, the memo recommends doing so rather than relying only on work authorization based on a pending I-485.

The memo further warns that, if an adjustment application is denied and the person is not maintaining underlying nonimmigrant status, removal proceedings may be started. This is one reason a filing strategy should be considered carefully before taking action.

Consular Processing and Petition Choices

The memo also discusses petition processing choices. It notes that a person may consider indicating immigrant visa processing on an I-130 or I-140 petition even if adjustment of status may later be pursued in the United States. The document explains that this can help avoid a later I-824 filing if the case needs to move to consular processing.

The memo also notes an important risk for people with unlawful presence. Leaving the United States for consular processing can trigger the three-year or ten-year unlawful-presence bars when the stated time thresholds are met. The document specifically notes that a departure after more than 180 days of unlawful presence can trigger these consequences.

FAQ

Does this memo mean every I-485 application will be denied?

No. The memo does not say USCIS will categorically deny all I-485 applications. It says officers should review the full circumstances and approve cases that warrant a favorable discretionary decision.

Is lawful status enough by itself?

According to the memo, maintaining lawful status in a dual-intent nonimmigrant category is not enough on its own to establish that a favorable exercise of discretion is warranted.

What may USCIS ask at an interview?

The memo indicates that officers may ask why adjustment of status was chosen instead of consular processing, whether consular processing is possible, why a person remained after an authorized stay ended, and what ties the person has abroad.

Should I rely only on an I-485-based work permit?

The memo recommends extending H-1B or L status, when that option is available, rather than relying only on employment authorization tied to a pending I-485.

Can leaving the United States for consular processing create problems?

It can. The memo notes that departure after accruing more than 180 days of unlawful presence may trigger a three-year or ten-year unlawful-presence bar.

Immigration choices can affect work authorization, travel, family members, and the timing of a green card case. If this May 22, 2026 USCIS update affects a pending or planned adjustment-of-status matter, contact Ventresca & Ventresca LLP for guidance on the facts of your situation. Our Wexford, Pennsylvania immigration law team is ready to help you understand your available options and next steps.