USCIS Just Changed the Rules for Green Card Applicants Inside the U.S. — Here’s What You Need to Know

If you have a green card application pending — or you are planning to file one — you need to know about a policy change that USCIS issued this week.

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199. In plain terms, it changes how officers are supposed to decide green card applications filed inside the United States. The eligibility rules did not change. What changed is how hard USCIS will look at whether your specific case deserves to be approved.

We have been fielding calls and emails about this since it dropped. Here is what we know right now.

What the Memo Actually Says

USCIS is now directing its officers to treat adjustment of status — the process of getting a green card without leaving the U.S. — as “extraordinary relief” rather than a standard benefit. The agency views consular processing (going abroad to a U.S. embassy) as the normal immigration path, and staying here to adjust as the exception.

That means qualifying for a green card is now the starting point, not the finish line. Officers must now weigh the full picture of your case and decide whether approving your application is in the best interest of the United States. Applicants with anything negative in their history must demonstrate what the memo calls “unusual or even outstanding equities” to overcome it.

And here is the part that surprised even experienced practitioners: the memo expressly states that having no adverse factors is not, by itself, enough. You must affirmatively make the case for why you deserve approval.

Who Is Most Affected

The memo does not target any single visa category, but some applicants face more exposure than others. Officers are directed to closely scrutinize:

• Any history of unauthorized work, overstays, or gaps in lawful status
• Applicants who were paroled into the U.S. and stayed to adjust instead of departing
• F-1 students with work authorization issues or a fast track to a green card
• B-2 visitors and TN holders — visa categories that do not allow dual intent

H-1B and L-1 holders are in a better position because those are dual-intent visas — but the memo specifically states that lawful H-1B or L-1 status is not sufficient on its own to guarantee approval. Every case still gets evaluated on its full record.

Refugees, asylees, VAWA applicants, and certain Special Immigrant Juveniles adjust under separate statutory frameworks that are non-discretionary. This memo does not change their path.

What to Expect Going Forward

In practical terms: expect more Requests for Evidence and Notices of Intent to Deny that go beyond technical eligibility and ask about your immigration history and conduct. The memo also signals that USCIS plans to issue additional guidance targeting specific visa categories—this is likely the first of several policy changes, not the last.

Legal challenges are coming. The immigration bar is already discussing litigation, particularly around applicants—like immediate relatives of U.S. citizens—whom Congress specifically protected from certain bars on adjustment. Whether USCIS can use this memo to reach those populations through the back door of discretion is an open legal question.

We will continue monitoring this situation and will post updates as USCIS issues additional guidance or legal challenges develop.