05/23/2026
The USCIS issued a Policy Memo today (May 22, 2026) that the preferred pathway for I-485 petitions will be through consular processing rather than inside the United States.
• It is important to remember that this memo does NOT eliminate the possibility of obtaining a green card. It simply suggests that the process favors consular processing than applying within the US even if you have a valid nonimmigrant visa.
• The memo instructs USCIS officers to deny Adjustment of Status applications filed by nonimmigrant visa holders unless there are extraordinary circumstances.
• However, the memo remains vague and many important questions about how this memo will actually be enforced remain unclear, including:
-What happens to applicants whose I-485 applications are already pending?
-What qualifies as “extraordinary circumstances”?
-Which visa holders will be most affected?
-What does USCIS consider a “favorable exercise of discretion”?
• Also remember that consular processing will still depend on the immigrant visa category, visa availability, priority dates, and country of chargeability.
*Disclaimer: This information is not legal advice. For personalized legal guidance, please consult an immigration attorney.
