DHS Clarifies Green Card Processing: Adjustment of Status Remains Available, but Discretion Matters

As of June 10, 2026, green card applicants should not assume that all people seeking permanent residence from inside the United States must leave the country to finish the process abroad. After a U.S. Citizenship and Immigration Services (USCIS) policy memorandum and news release caused significant confusion, the Department of Homeland Security (DHS) later clarified that the announcement was not intended as a blanket rule requiring most applicants to depart the United States. Instead, USCIS officers are expected to continue making case-by-case decisions.

What Changed

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, addressing “adjustment of status,” the process that allows certain people already in the United States to apply for lawful permanent residence by filing Form I-485 rather than attending an immigrant visa interview at a U.S. consulate abroad. USCIS characterized adjustment of status as discretionary relief and emphasized that officers should consider the full facts of each case.

The underlying law has not been repealed. Section 245(a) of the Immigration and Nationality Act still provides that a person who was inspected and admitted or paroled into the United States may be adjusted to permanent residence, in the government’s discretion, if the person applies, is eligible and admissible, and has an immigrant visa immediately available.

USCIS’s own public adjustment-of-status page also continues to describe adjustment as the process used by a person present in the United States to apply for a green card without returning home for visa processing.

The practical change is not a new statutory eligibility rule. It is a renewed emphasis on discretion: even if an applicant appears technically eligible, USCIS may look more closely at positive and negative factors before approving the case.

Who May Be Affected

This development may affect family-based applicants, employment-based applicants, students moving into permanent residence, humanitarian applicants, and employers sponsoring workers for green cards.

Applicants with clean immigration histories, stable lawful status, and strong documentation may see little immediate change. Applicants with prior overstays, unauthorized employment, prior immigration violations, criminal history, public charge concerns, or complicated travel histories may face closer review.

Employers should also pay attention, especially where sponsored employees are maintaining H-1B, L-1, F-1, O-1, TN, or other temporary status while waiting for a green card.

What This Means

The main concern is uncertainty. USCIS has confirmed that adjustment decisions involve discretion, but the agency has not provided a simple checklist explaining when an officer may require or expect consular processing instead.

Leaving the United States can carry serious consequences. In many adjustment cases, departure without advance parole may be treated as abandonment of the pending Form I-485, although specific exceptions exist for certain H, L, and K visa holders.

Departure may also trigger unlawful-presence bars for some applicants. USCIS explains that, unless an exception applies, a person who leaves after more than 180 days or one year of unlawful presence may face a three-year or ten-year inadmissibility bar when seeking to return.

For employers and families, this means an adjustment strategy should be planned carefully before filing, traveling, changing jobs, or responding to USCIS requests.

What Applicants and Employers Can Do Now

1. Do not withdraw or abandon a pending I-485 without legal advice. A pending adjustment case may still be the best path, depending on the facts.
2. Review immigration history carefully. Applicants should gather I-94 records, approval notices, visas, employment authorization documents, travel records, prior filings, and any notices from government agencies.
3. Strengthen the discretionary record. Evidence of lawful status, tax compliance, employment, family ties, community involvement, and lack of adverse factors may matter more than before.
4. Prepare for the interview. Applicants should be prepared to answer questions from the interviewing officer about why the applicant did not undergo the consular process or what prevented the person from consular processing.
5. Avoid international travel without individualized review. Travel can affect pending I-485 applications, advance parole, visa stamping, unlawful presence, and admissibility.
6. Track visa availability monthly. USCIS determines which Visa Bulletin chart applicants may use for adjustment filings, and those rules can change month to month.
7. Employers should identify sponsored employees with upcoming expirations. Work authorization, non-immigrant status, job changes, and green card timing should be coordinated.

Bottom Line

Adjustment of status remains available under existing law, but USCIS’s recent guidance signals closer attention to whether applicants merit approval as a matter of discretion. Applicants and employers should avoid rushed decisions and should evaluate filing, travel, and documentation strategy based on the specific facts of each case.

This article is for general informational purposes only and does not constitute legal advice. Immigration law is fact-specific, and readers should consult qualified immigration counsel regarding their individual circumstances.

Alycia Moss is a Director and chairs Fennemore’s Immigration practice group. Her national practice focuses guiding businesses, families, and individuals through the complexities of U.S. immigration law. Alycia is based in Fennemore’s Coeur d’Alene, Idaho office. You can contact Alycia at amoss@fennemorelaw.com.

Catherine Renshaw is an immigration attorney, with experience representing clients in matters before U.S. Citizenship and Immigration Services, Immigration Court, Immigration and Customs Enforcement, and the federal courts. Catherine is based in Fennemore’s Boise, Idaho office. You can contact Catherine at crenshaw@fennemorelaw.com.

Find more information about Fennemore’s Immigration services here.