The Green Card Earthquake: What the New USCIS Memo Means for You

 Posted on May 25, 2026 in Green Cards

If your phone has not stopped ringing this weekend, you are not alone. On Friday, May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) released a policy memo that is causing serious concern across the immigrant community. Immigration attorneys are fielding urgent calls. Online forums are full of rumors and fear. Everyone is asking the same question: What does this mean for me?

The honest answer is that this memo creates more questions than it answers. But there is a lot you can understand right now, and there are important steps you should NOT take before speaking with a qualified immigration attorney.

What Just Happened?

On May 22, 2026, USCIS issued Policy Memo PM-602-0199. This memo changes how the government will decide green card applications for people who are already living in the United States.

The process being affected is called Adjustment of Status (AOS). Adjustment of Status is how many immigrants apply for a green card without having to leave the United States. Instead of going to a U.S. embassy in another country, you file Form I-485 here and wait for approval.

For many years, this process worked in a clear way: if you were living in the U.S. legally, had an approved petition, and your priority date was current, filing the I-485 was essentially the last step. USCIS officers asked one main question - does this person qualify? If yes, the green card was approved.

That is no longer guaranteed.

The new memo tells USCIS officers to treat Adjustment of Status not as a normal pathway, but as a special form of relief - something that should only be approved in special situations. USCIS spokesman Zach Kahler stated publicly that people on temporary visas who want a green card should go back to their home country and apply at a U.S. embassy abroad, unless they have "extraordinary circumstances."

That phrase - extraordinary circumstances - is now at the center of everything.

Who Does This Affect?

This memo affects a very wide group of people. USCIS specifically named the following visa holders:

• F-1 students
• H-1B workers
• O-1 and L-1 visa holders
• B-1/B-2 visitors
• Anyone else on a temporary (nonimmigrant) visa who was planning to apply for a green card

USCIS is now saying that coming to the U.S. on a temporary visa is not meant to be the first step toward getting a green card. People who entered the U.S. with the intention of staying permanently may face problems under this new policy.

People who fell out of status - meaning their visa expired or they violated the terms of their visa at some point during the long wait for a green card - are in an especially difficult position. The memo says that these applicants will need to show very strong reasons why they should still be allowed to apply for a green card inside the U.S.

What Are "Extraordinary Circumstances"? Nobody Knows Yet.

This is where things get most uncertain, and where much of the fear is understandable. The memo never actually explains what "extraordinary circumstances" means.

Attorneys have pointed out a big difference between what USCIS said in its press release and what the memo itself actually says. The press release used the phrase "extraordinary circumstances" very clearly. But the actual memo does not define the phrase, does not give examples, and does not provide a checklist of who qualifies.

Based on existing immigration law, attorneys believe "extraordinary circumstances" may include situations like:

• A serious illness that makes international travel dangerous or impossible
• A real fear of persecution or danger if you return to your home country
• Serious hardship for you or your family if you have to leave the U.S.
• Strong ties to the U.S., such as U.S. citizen children or many years of lawful residence

However, none of this is confirmed. USCIS has said that more specific guidance is coming, which means the rules could keep changing even while cases are being decided. This is new and uncertain legal territory for everyone, including attorneys.

What If I Already Filed My I-485 Green Card Application?

This is the question we are hearing most. The straightforward answer is: we do not know yet.

The memo does not say whether applications that were already filed before May 22, 2026 will be judged under the old rules or the new ones. This is one of the biggest unanswered questions right now.

What we do know is that the memo does not end Adjustment of Status completely. USCIS has not told applicants to cancel or withdraw their pending applications. In fact, most experienced immigration attorneys are advising their clients to keep their cases open. Withdrawing your I-485 based on this memo alone - without getting legal advice specific to your case - could be a serious and permanent mistake.

There is also an open question about work permits. If you received an Employment Authorization Document (EAD) while your I-485 was pending and your application is then denied, it is not clear what happens to your work authorization. No guidance has been issued on this yet.

Lawsuits challenging this memo are expected. Several immigration organizations have said they are reviewing the memo and preparing legal action. A federal court could put the policy on hold while those lawsuits proceed -- but there is no guarantee of when that might happen or what the result will be.

The reality is: if you have a pending green card application, your case is in a gray area right now. What happens next may depend on court decisions, new USCIS guidance, and the specific facts of your case.

Why You Need an Experienced Immigration Attorney Right Now

This is not the time to rely on advice from social media, online forums, or friends who went through the immigration process years ago under different rules. The law changed last Friday, and it may keep changing.

Here is how an experienced immigration attorney can help:

Looking at your specific situation. Whether you should keep pursuing Adjustment of Status, switch to consular processing abroad, or explore other options depends on many personal factors - your visa type, your country of birth, your priority date, your immigration history, and your family situation. There is no one-size-fits-all answer.

Building the strongest possible case. Under the new memo, USCIS officers will look at many factors when deciding whether to approve an Adjustment of Status application. How your case is presented and documented can make a real difference. An attorney who understands what officers are looking for can help you prepare the best possible application.

Advising you on travel. Some people think the safest move right now is to leave the U.S. and apply for a green card through an embassy abroad. For many people, this could actually cause serious legal problems, especially if you have any history of overstaying or violating your visa. Do not leave the United States without first getting legal advice about your specific situation.

Responding to Requests for Evidence (RFEs). As USCIS officers apply more scrutiny to green card applications, more applicants will likely receive Requests for Evidence. Responding to an RFE thoroughly and correctly is critical. An attorney can help you give the strongest possible response.

What Even the Best Immigration Attorneys Cannot Tell You Right Now

We want to be honest with you: no immigration attorney - no matter how experienced - can tell you with certainty how this memo will be applied.

That is not a lack of skill. It is simply the reality of a memo that was issued just days ago, uses undefined terms, and will be interpreted differently by different officers until courts or USCIS itself provides clearer rules. If any attorney is telling you they know exactly how this will play out, be cautious.

What a qualified immigration attorney can do for you right now:

• Give you an honest, personalized assessment of how this memo affects your specific case
• Explain your options clearly so you can make informed decisions
• Prepare and position your application as strongly as possible under whatever rules ultimately apply
• Stay on top of new court decisions and USCIS guidance and advise you as things develop

This is exactly the kind of fast-moving, high-stakes situation where having the right legal counsel can make a real and lasting difference in your case.

What You Should Do Right Now

If you have a pending I-485 green card application, or were planning to file one, here are the steps we recommend:

1. Do not withdraw your green card application based on this memo alone. Get legal advice first.
2. Do not travel outside the United States without speaking to an immigration attorney about the risks for your specific situation.
3. Keep your current visa status valid. If your nonimmigrant status expires, your situation becomes significantly more complicated.
4. Contact an experienced immigration attorney as soon as possible to review your individual case.
5. Follow updates from reliable legal sources, because new court decisions and USCIS guidance are expected in the coming weeks.

The Takeaway

USCIS Policy Memo PM-602-0199 is one of the most significant changes to the green card application process in recent memory. The process that allowed immigrants who were already living in the U.S. to apply for a green card without leaving - Adjustment of Status - is no longer a straightforward path. The new standard gives USCIS officers broad discretion, the key term is undefined, and tens of thousands of people with pending I-485 applications are in legal uncertainty.

The fear and confusion in the immigrant community right now is completely understandable. What matters most is that the decisions you make in the coming days and weeks could have long-term consequences. Those decisions should be made with the help of qualified legal counsel, not based on fear or incomplete information.

If you have questions about how this policy change affects your green card case, please contact an immigration attorney who is actively following this issue.

This post is for informational purposes only and does not constitute legal advice. Immigration law is highly fact-specific. Please consult a licensed immigration attorney about your individual situation.