If you or someone you love is waiting on a green card from inside the United States, the recent news may have scared you.
Here is what really happened, what the new rule does and does not do, and what to do next.
What happened
On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) put out a new policy memo called PM-602-0199. It is in effect right now. It covers every adjustment of status case, whether already filed or filed later.
USCIS said it plainly in its press release. From now on, most people in the U.S. on a temporary visa who want a green card will be told to go home and apply from there instead. The exception is for special cases.
The memo itself is softer than the press release. The law did not change. The rules did not change. What changed is how USCIS officers are told to look at these cases.
What is an adjustment of status?
Adjustment of status is the way someone already in the United States gets a green card without leaving the country. You file Form I-485. USCIS reviews it. If approved, you get your green card.
The other way is called consular processing. That means you apply at a U.S. embassy in your home country instead.
The new memo pushes more people toward consular processing.
What the memo actually says
Adjustment of status has always been what the law calls discretionary. That means even when a person meets every requirement on paper, an officer can still say no. That part is not new.
What is new is the tone. The memo tells officers to use that power much more often. It tells them to treat green card adjustment as a special favor, not a normal step. And it tells them to weigh good and bad facts in every case.
Bad facts the memo lists include:
- Overstaying a visa
- Working without permission
- Past arrests
- Fraud, lies, or false statements
- Not leaving when a temporary stay ended
- Doing things in the U.S. that did not match the reason for the original visa
The memo also says this: choosing to stay and adjust here, when you could have gone home and applied from there, can itself count against you.
Good facts the memo lists include:
- Close family ties to U.S. citizens or green card holders
- U.S. citizen children
- Living in the U.S. for a long time
- Steady work history and paying taxes
- Being part of your community
- A clean record
- Good moral character
Who is most affected
The memo covers everyone with a pending or planned Form I-485. But the real impact depends on what kind of visa you have.
People on visas without dual intent. This group is hit the hardest. It includes F-1 students, B-1 and B-2 visitors, J-1 exchange visitors, TN workers, O-1 workers, and E-2 investors. The memo says these are the cases that will get the closest look. The reason: you came on a temporary visa, then tried to stay for good.
People on dual-intent visas. This group is in better shape. H-1B and L-1 workers and their families fall under this category. The memo agrees that these visas were made to allow a green card later. There is a catch buried in a footnote: having a dual-intent visa, by itself, is not enough to get approved. You still have to build a strong case.
Close family of U.S. citizens. This group keeps the strongest protections. Spouses, parents, and unmarried children under 21 of U.S. citizens have special rules under the law that the memo does not touch. A real marriage, U.S. citizen kids, and a clean record are still very strong facts.
People with past immigration problems. This group will face the most pushback. Overstays, past work without permission, prior denials, or any gap between what you said when you came in and what you did after will get heavy review.
What is not changing
This part matters. The headlines made it sound worse than it is.
- You can still apply for adjustment of status. The law has not changed.
- The rules for who can file have not changed.
- Pending cases were not all denied. Each case is still judged on its own facts.
- Work permits (EADs) and travel papers (advance parole) for pending I-485 cases still work the same way.
- Special rules for close family of U.S. citizens are still in place.
What is changing in practice
Even though the law is the same, the day-to-day will look different.
Expect more letters from USCIS asking for more proof. Officers now have to write down why they are saying yes or no, so they will ask for more.
Expect a deeper look at your whole record. Every entry into the U.S., every status change, every gap, and every past form will be checked.
Expect more memos to come. USCIS said more guidance will follow for marriage cases, work cases, and parolee cases. Those will matter as much as this one.
Expect court fights. The memo even admits it does not create any rights people can enforce. That kind of language invites lawsuits. It is too soon to know how courts will rule.
What to do now
If your case is in progress or you are planning to file, do not panic. The worst move right now is to act without a plan. Here is what to do.
Do not pull a pending I-485. Nothing in the memo says you have to. If you pull it, you can lose your work permit and go back to whatever visa you had before. That can cause new problems.
Do not leave the U.S. without talking to a lawyer first. Leaving while your I-485 is pending can end your case unless you have advance parole or a dual-intent visa. Travel needs more care now, not less.
Keep your underlying status valid. If you are on H-1B, L-1, F-1, or any other visa while your I-485 is pending, follow every rule of that visa. Keep your I-94 up to date. Do not take a job that is not allowed. Save proof of everything.
Build your good-facts file now. Family ties, U.S. citizen kids, time in the U.S., tax records, work history, community ties, and a clean record all matter. Gather the proof before USCIS asks for it.
Deal with bad facts head-on. If you have any overstays, past violations, gaps, or things that do not line up, do not hope no one notices. The memo tells officers to look. Work with your lawyer to address them in the filing itself.
Ask if consular processing is safer for you. For some cases, finishing the green card at a U.S. embassy abroad may be the better path. This is not the right call for everyone. It depends on your facts, including any unlawful presence and whether you need a waiver.
Watch for new memos and court rulings. Both will shape how this plays out. What is true today may shift in a month or two.
What this means for spouses, parents, and children
If you are a U.S. citizen filing for a spouse, parent, or child who is in the U.S. and can adjust status, the door is still open. You can still file the I-130. You can still file the I-485. The interview still happens.
What changes is how ready you need to be. A real marriage, a clean record, and a clear story of how the family came together are still some of the strongest cases USCIS sees. For more on the marriage case, see our guide to petitioning for a spouse.
If your case has unlawful presence, an old order, or other issues, the math is harder. Some people are still better off adjusting here. Others may now be steered toward consular processing with a waiver. The right answer depends on your facts.
The bigger picture
This memo is part of a wider set of changes from the past few months. There is also the immigrant visa pause for 75 countries and the proclamation that limits visas from 39 countries. Put together, the message is clear. Every path to a green card is getting narrower and slower. Good case prep matters more than ever.
If your case touches both this memo and the visa pause, see our guide to the 75-country immigrant visa pause.
Final word
A policy memo does not change who you are. It does not change the life you built, the family you raised, or the work you put in. What it changes is the bar you have to meet to show it all on paper.
At Vital Legal Group, we are going through every active adjustment case in light of this memo. We can help you see how PM-602-0199 affects your case, build a strong file, and decide if adjustment of status or consular processing is the right path for you.
If you have an I-485 pending, planned, or on your mind, schedule your free case evaluation today. The sooner we start, the stronger the case.