Do I Still Qualify for a Green Card Inside the U.S.? What the New USCIS Memo Means for Your Adjustment of Status

On May 22, 2026, USCIS publicly released Policy Memorandum PM-602-0199, changing how officers evaluate every green card application filed inside the United States. If you have a pending I-485 or are planning to file, this affects you immediately — including applications already waiting for a decision. Here is what this means for you in simple terms, the hidden traps to watch out for, and how to protect your case. 

What is USCIS Policy Memorandum PM-602-0199?
USCIS Policy Memorandum PM-602-0199, released May 22, 2026, is an internal directive 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." It instructs USCIS officers to treat adjustment of status — the process of applying for a green card from inside the United States — as a discretionary privilege rather than an automatic benefit, and to apply heightened scrutiny to every I-485 application.

Does the new USCIS memo mean I have to leave the U.S. to get a green card?
No. The new USCIS memo does not require you to leave the United States to get a green card. Adjustment of status from inside the U.S. remains a legal pathway authorized by Section 245 of the Immigration and Nationality Act (INA). A USCIS spokesperson's press release suggested otherwise, but the text of PM-602-0199 itself does not eliminate in-country green card applications.

What changed is the standard: being technically eligible to file is no longer enough to expect approval. Officers now have broader discretion to deny applications even when all eligibility requirements are met.

Does PM-602-0199 apply to my pending I-485 application?
Yes. PM-602-0199 applies to all pending I-485 adjustment of status applications, including those already filed and waiting for a decision. USCIS did not grandfather in existing applications. If your case is pending, officers reviewing it are expected to apply this new heightened discretionary standard immediately.

What factors does USCIS now consider when deciding an adjustment of status application?
Under PM-602-0199, USCIS officers must weigh the totality of an applicant's circumstances — not just whether they meet technical eligibility requirements. The key factors are:

• ​Maintaining continuous lawful immigration status throughout your U.S. stay
• Holding a dual-intent visa (H-1B, L-1, O-1, E-2, or E-3), which explicitly permits pursuing a green card
• Being an immediate relative of a U.S. citizen
• A clean criminal and immigration history
• Tax compliance and financial stability
• Strong U.S. family ties or employer dependence
• No history of fraud or misrepresentation to any government agency
• Factors that work against approval:
• Any unlawful presence, even minor or technical
• Overstaying a visa after your authorized period ended
• Entry on a single-intent visa (such as F-1 student or B-1/B-2 tourist)
• Conduct inconsistent with the stated purpose of your visa
• Unauthorized employment history
• Prior fraud or false statements to USCIS or any government agency
• Any criminal record

Which visa holders are most affected by the new green card policy?
Better positioned — dual-intent visa holders: H-1B, L-1, O-1, E-2, and E-3 visa holders are in a stronger position because their visa categories explicitly allow pursuing permanent residence while maintaining temporary status. This is a meaningful legal advantage under PM-602-0199.
Proceed with caution: TN, H-4, and L-2 visa holders may face additional scrutiny. Maintaining continuous lawful status and building a strong evidentiary record is essential. It's important to understand that holding a dual-intent visa does not get you off the hook. PM-602-0199 includes a specific footnote clarifying that simply maintaining H-1B or L-1 status is not enough on its own to earn approval — you still have to prove why your specific situation justifies staying in the U.S. to complete your green card, just like everyone else.

Highest scrutiny expected: F-1 students, B-1/B-2 visitors, and parolees face the steepest path. PM-602-0199 specifically flags single-intent visa categories as inconsistent with permanent resident intent, making it harder to demonstrate that in-country adjustment is warranted.

Is it safe to travel outside the U.S. while my green card application is pending?
Not necessarily — and possibly very dangerous depending on your situation. Do not travel internationally while an I-485 is pending without first consulting an immigration attorney.
If you entered on a single-intent visa (such as F-1 or B-2) and leave the U.S. while your green card case is pending, a border officer may deny your re-entry because your pending application is evidence of immigrant intent — which single-intent visas prohibit.

Additionally, if you accrued any unlawful presence in the U.S. before departing, leaving can trigger a 3-year or 10-year bar on re-entering the United States under INA § 212(a)(9)(B).The risk runs in both directions: Staying in the U.S. exposes you to denial under the new discretionary standard.
Leaving the U.S. can result in separation from your family, job, and life — potentially for years. The right answer depends entirely on your visa history, current status, and case profile. Map it out with a qualified immigration attorney before making any travel decisions.

Will USCIS send more Requests for Evidence (RFEs) because of PM-602-0199?
Yes — a significant surge in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) is expected under PM-602-0199. Because officers must now actively justify approvals rather than simply verify eligibility, they are more likely to request additional documentation before deciding your case.

Officers are already asking applicants at interviews why they chose to apply from inside the U.S. rather than returning home. Your response — in writing and in person — now needs to function as a full legal argument supported by evidence, not just a collection of forms.

What should I do right now to protect my adjustment of status application?
To protect your I-485 under PM-602-0199, take these steps immediately:

• Audit your full immigration history. Review every entry, exit, visa change, and period of authorized stay before an officer does. Identify any gaps, overstays, or status issues — even minor or technical ones.
• Front-load a discretionary evidence package. Include detailed proof of your character, tax compliance, employment history, and community ties in your initial filing — before USCIS asks. Do not wait for an RFE.
• Document family ties and hardship. If you have a U.S. citizen or permanent resident spouse, children, or parents, gather extensive evidence of those relationships and the financial, emotional, and physical hardship your family would face if you were forced to leave.
• Get an employer impact statement. If an employer is sponsoring you, have them prepare a formal statement showing the disruption and economic harm to the business if you were required to leave the country.
• Build a travel safety plan before going anywhere. International travel while a case is pending carries serious re-entry risk. Assess that risk with your attorney before booking any flights, including for emergencies.
• Prepare for a harder interview. USCIS officers are now trained to ask why you are applying from inside the U.S. rather than through a consulate. Know your answer — and be prepared to back it up with documentation.

Is PM-602-0199 being challenged in court?
Legal challenges to PM-602-0199 are being actively assessed by immigration advocacy organizations including RAICES and others. The primary legal argument being evaluated: USCIS skipped the mandatory public notice-and-comment process required under the Administrative Procedure Act (APA) before implementing a substantive policy change. This argument has succeeded in other immigration contexts in recent years.

Individual appeals are harder to win. A 2024 Supreme Court ruling limits federal court review of discretionary USCIS decisions, making case-by-case challenges difficult. Class action litigation — lawsuits that aim to strike down the policy for everyone at once — is the more viable strategy for the broader immigration community.

Do not wait for a court to protect your case. Build the strongest possible application now.

Can U.S. employers help fight this policy?
Yes. American businesses that rely on foreign national employees can submit declarations to courts showing how requiring employees to leave the country disrupts operations and harms the U.S. economy. These employer statements are a meaningful form of participation in class action litigation challenging PM-602-0199, and they carry real weight with federal judges.

If your employer sponsors your green card, ask them to speak with immigration counsel about their options.

The Bottom Line: What This New Policy Means For You
The rules for getting a green card inside the United States changed overnight on May 22, 2026 — and no one is exempt, regardless of visa type or how long their application has been pending. USCIS officers now have broad authority to deny your case even if you meet every eligibility requirement, which means your application must now make a compelling legal argument, not just check a list of boxes. The safest thing you can do right now is act before USCIS contacts you — because waiting for an RFE or a denial letter to arrive is waiting too long. If you have a pending I-485 or are planning to file, contact ImmigraTrust Law today to build a strategy tailored to your specific situation.

​Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally.