New Adjustment of Status Rules: Are You Affected?

USCIS issued a new policy memorandum on May 21, 2026, that may affect how people apply for a Green Card from inside the U.S. (adjustment of status). It directs officers to scrutinize applicants who entered on temporary visas more closely — it does not change the law or bar these applications. This tool is a starting point, not legal advice.

The memo is directed at USCIS officers, with the goal of providing guidance on how they should review AOS applications. It does not specify when the new policy takes effect or how officers should or will implement it in practice, and it is likely to be challenged in court. It instructs officers to apply greater scrutiny to applicants who entered the U.S. on a temporary, single-purpose visa — such as a B tourist/business visa, F-1 student visa, J-1 exchange visitor visa, TN visa, or through the ESTA visa waiver program — and who are applying for a Green Card (Form I-485) from inside the United States rather than going through a U.S. consulate or embassy abroad.

The memo does not prohibit these applicants from applying for a Green Card inside the U.S., but it instructs officers to weigh negative factors against the positive aspects of the applicant's case before approving the Form I-485. It is not clear what USCIS recommends officers should consider as strong enough positive, or extraordinary, factors to overcome this.

USCIS issued a new policy memorandum on May 21, 2026, that may affect how people apply for a Green Card from inside the U.S. (adjustment of status). It directs officers to scrutinize applicants who entered on temporary visas more closely — it does not change the law or bar these applications. This tool is a starting point, not legal advice.

The memo is directed at USCIS officers, with the goal of providing guidance on how they should review AOS applications. It does not specify when the new policy takes effect or how officers should or will implement it in practice, and it is likely to be challenged in court. It instructs officers to apply greater scrutiny to applicants who entered the U.S. on a temporary, single-purpose visa — such as a B tourist/business visa, F-1 student visa, J-1 exchange visitor visa, TN visa, or through the ESTA visa waiver program — and who are applying for a Green Card (Form I-485) from inside the United States rather than going through a U.S. consulate or embassy abroad.

The memo does not prohibit these applicants from applying for a Green Card inside the U.S., but it instructs officers to weigh negative factors against the positive aspects of the applicant's case before approving the Form I-485. It is not clear what USCIS recommends officers should consider as strong enough positive, or extraordinary, factors to overcome this.