By a policy memorandum dated May 21, 2026, the Department of Homeland Security (DHS), specifically U.S. Citizenship and Immigration Services (USCIS), has significantly narrowed eligibility for obtaining US lawful permanent residence, or a “green card,” by filing for adjustment of status (Form I-485) from within the United States. According to USCIS, adjustment of status is a form of “extraordinary relief,” and “[w]ith limited exceptions, the statutory scheme suggests that Congress expects aliens paroled into the United States or admitted into the United States as nonimmigrants to depart rather than pursue adjustment of status.” In other words, that “[s]uch aliens are generally expected to pursue an immigrant visa and admission from outside the United States,” i.e., via a US Consulate abroad after leaving the US.
In general, the adjustment of status process allows foreign nationals in the US in temporary non-immigrant statuses, such as H-1B, to become lawful permanent residents while in the US, whereas the alternative consular process would require such foreign nationals to leave the US and be approved for immigrant visas through consulates in their countries of nationality or last residence. Making the consular process the default, especially for foreign nationals already in the US in temporary statuses, will force foreign nationals and their families to spend considerable time abroad to process their immigrant visas, and will significantly complicate the lawful permanent residency sponsorship process for certain non-immigrants.
The policy memorandum says that foreign nationals paroled or admitted into the US as nonimmigrants “may be otherwise eligible for adjustment of status,” but that “their contravention of this expectation [to leave the US] and attempt to avoid the ordinary consular immigrant visa process” will be considered an adverse factor when adjudicating their adjustment of status applications.
The policy memorandum acknowledges there are exceptions to what USCIS perceives as Congress’s intent that foreign nationals are expected to leave the US when their purpose of admission or parole has been accomplished. This includes “nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status.” Nonimmigrant visa categories with dual intent include L-1 (L-1B and L-1A), H-1B, and K visa holders. At this time, the policy memorandum fails to provide any express exceptions, but does indicate that further guidance may be forthcoming regarding certain foreign national populations.
The policy memorandum will certainly be met with a legal challenge, and fails to address many questions, such as its connection to pending adjustment of status applications. We are closely monitoring this development, and its application will be evaluated on a case-by-case basis.
