The Department of Homeland Security delivered a significant clarification late last week that has sent ripples through the immigration community:
most green card applicants will not be required to leave the United States while their cases are processed
. The statement aims to temper the alarm triggered by a USCIS policy memo issued on May 21, 2026, that appeared to upend decades of established immigration practice — but attorneys and applicants say confusion is far from resolved.
The Original Memo That Shook the System
On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum — PM-602-0199 — titled "Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process."
The memo stated that adjustment of status — the process that allows eligible immigrants already in the United States to apply for permanent residency without leaving the country — would be granted only in "extraordinary circumstances," describing it as a discretionary benefit rather than an entitlement.
The accompanying press release went even further. USCIS Spokesman Zach Kahler declared that
"from now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances."
The May 22 guidance triggered widespread concern among immigrants, immigration attorneys, employers, and universities, particularly because it appeared to overturn more than six decades of established practice.
For context,
around 1.4 million green cards were issued in 2024, including roughly 820,000 through adjustment of status applications filed by people already living in the United States
— making it the dominant pathway to permanent residency.
DHS Steps In With a "Clarification"
In a statement issued May 29, the Department of Homeland Security said there has been no major policy change.
DHS now says the decision will remain discretionary, assessed case by case by immigration officers. "This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis," a DHS spokesperson said in a statement reported by The New York Times.
A senior White House official told the newspaper that the move should be viewed as a routine administrative update rather than a major change in U.S. immigration policy.
DHS said the policy would not stop any immigrant from obtaining a green card if they legitimately and properly qualify for one, adding that it would have "no noticeable impact" on highly qualified and skilled applicants from getting permanent residency, as they benefit the national interest.
A similar clarification was issued by Kahler, who said that people providing "an economic benefit or otherwise are in the national interest" may not be asked to go abroad for the process.
Who Is Most — and Least — Affected?
The memo and its subsequent clarification create a tiered landscape of risk for green card applicants depending on their current immigration status.
Dual-intent visa holders (H-1B, L-1):
The USCIS memo suggests the new policy may be less applicable to dual-intent nonimmigrant categories (e.g., H-1B, L-1 and their H-4 and L-2 dependents), where applying for adjustment of status is not inconsistent with maintaining status as a temporary visa holder.
However,
the USCIS policy memo does caution that maintaining H-1B or L-1 dual-intent status alone is not sufficient, on its own, to warrant a favorable exercise of discretion.
Single-intent visa holders (F-1, J-1, B-1/B-2):
Individuals holding F-1 (Student), J-1 (Exchange Visitor), or B-1/B-2 (Tourist) statuses will face intense scrutiny.
Other employment-based applicants:
TN, O-1, E-3, H-1B, and E-2 visa holders should work with their employer and counsel to monitor the memorandum's impact, as they may receive additional scrutiny.
Visa overstays:
Officials suggested some groups — such as visa overstays or individuals from countries with higher public assistance use — could face more scrutiny, though no firm criteria have been set.
Confusion on the Ground
Despite the DHS clarification, reports from the field paint a picture of inconsistent implementation.
As green card interviews resumed following the long weekend, some immigration attorneys reported that their clients were facing new questions. "I'm hearing conflicting reports about USCIS's application of the memo," attorney Elissa Taub of Siskind Susser told Newsweek. "From some colleagues, I've heard that during interviews over the past day, USCIS officers have asked the applicant questions about why they didn't return home to apply for their green card."
The American Immigration Lawyers Association (AILA) told The Associated Press that applicants who had interviews Tuesday had faced new questions, including an immigrant married to a U.S. citizen asked why they had not returned home to apply for their green card there, despite the change not affecting that category.
USCIS has issued conflicting messaging, which has created confusion and panic for applicants, employers, and practitioners. In its press release, the agency went further than the memo in suggesting that most temporary visa holders would need to leave the country and apply abroad for immigrant visas.
Notably,
the phrase "only in extraordinary circumstances" that appeared in the USCIS press release does not appear anywhere in the body of the memo itself.
Legal Challenges Anticipated
Immigration law experts are already questioning the memo's legal foundation.
Congress created the adjustment of status process in 1952 and has amended that section of the law more than 20 times in the decades since. At no time has Congress written this "extraordinary discretionary relief" standard into the law that USCIS is now claiming Congress intended all along. Instead, Congress has provided for the adjustment of status process to be an established and parallel way to receive a green card.
Importantly, USCIS has not suspended Form I-485, the application used to adjust status to permanent resident, nor has Congress changed the underlying law governing green card eligibility. Applicants who qualify under existing statutes remain eligible to apply.
USCIS cannot change the underlying law through a policy memo. Legal challenges are anticipated, and courts will have the final say on how far this memo's reach extends.
Related litigation contesting companion USCIS hold memoranda is already underway, and a federal district court has already granted a partial preliminary injunction in one such challenge, confirming these policies are contestable.
What Green Card Applicants Should Do Now
Immigration practitioners are urging applicants to take proactive steps rather than panic:
- Do not withdraw pending applications.
- Prepare for new interview questions.
- Build a strong discretionary record.
- Consult an immigration attorney immediately.
The Bottom Line
The DHS clarification offers some reassurance, but it does not eliminate the uncertainty introduced by PM-602-0199.
Despite the update, DHS has not defined when applicants might be required to leave, leaving decisions largely to individual officers.
Ultimately, many people could be forced to decide whether to remain in the United States with their families while risking their immigration status or leave to pursue lawful permanent resident status with the possibility of never being able to return.
What is clear: the landscape for adjustment of status has fundamentally shifted. Applicants who once viewed the process as largely procedural should now treat it as a discretionary legal proceeding that demands careful preparation, thorough documentation, and competent legal counsel.
This article is for informational purposes only and does not constitute legal advice. Immigration cases are highly fact-specific. If you have questions about your situation, consult a qualified immigration attorney.