New USCIS Policy 2026: Adjustment of Status (I-485) Changes Explained
- Antonini & Cohen
- 1 day ago
- 6 min read
Summary
USCIS may restrict adjustment of status approvals. What does this mean?
Some applicants may be forced into consular processing
Pending I-485 cases could be affected
Legal challenges to the policy are expected
Speaking to an immigration attorney is critical
Standard Read
The U.S. Citizenship and Immigration Services (USCIS) has issued a new 2026 policy memorandum that could significantly impact how adjustment of status applications (Form I-485, Application to Register Permanent Residence or Adjust Status) are approved.
This policy may limit when immigrants can obtain a Green Card from inside the United States and could push more applicants toward consular processing abroad. Because the update may affect both pending and future I-485 applications, it is critical to understand your options before making immigration or travel decisions.
In this guide, we explain what the new USCIS policy says, who is affected, and what you should do next to protect your case.
Contact Antonini & Cohen today at (470) 428-3200 to consult with one of our experienced Atlanta immigration attorneys about your I-485 options.
At Antonini & Cohen, we know how. We fight harder.
What Happened?
On Friday, May 22, 2026, USCIS issued a new policy memo that may significantly change how adjustment of status applications are reviewed.
The policy appears to shift adjudication standards by increasing scrutiny on Form I-485 applications and emphasizing that approval of adjustment of status is discretionary. It also signals a preference for applicants to complete their green card process through consular processing outside the United States rather than adjusting status domestically.
Many immigration attorneys believe this policy conflicts with existing immigration laws under the Immigration and Nationality Act (INA) and may be challenged in federal court
What is the new policy?
The policy has the goal to encourage or force immigrants seeking their Green Card to depart the US and apply for permanent residency through consular processing with the Department of State (DOS) outside the United States. The policy discourages many immigrants from seeking adjustment of status inside the US (filing the I-485 application).
The policy directs USCIS officers to consider all relevant factors and information, on a case-by-case basis, when determining whether an I-485 before them can be approved and a person can be granted permanent status inside the US.
The policy lists extraordinary and discretionary factors that USCIS officers must consider in determining whether they can approve an I-485. Some of these factors include whether the person:
can complete the process in their home country.
had an improper intent when using their temporary visa.
remained past their nonimmigrant status.
has a criminal history or committed fraud, and many other considerations.
***The policy is NOT a ban to adjustment of status inside the US and there are exceptions!***
Is this policy retroactive?
The Policy Memorandum is silent about whether it applies to past or future applications. The reason for this silence is that the USCIS policy is pretending that it has always existed and that the policy is simply a reminder of what should be done. The Policy Memorandum also misstates the truth by claiming that the government is “returning to the original intent of the law” and that immigrants must return to their home country to seek adjustment because granting adjustment of status in the US has always been “an ‘extraordinary act’ of administrative grace”.
In fact, Congress created a variety of laws specifically designed to allow immigrants to adjust status in the US, even when immigrants have criminal, fraud, or immigration violations. This Policy Memorandum ignores Congressional intent, cherry-picks sources, and is opposite to the body of law supporting grants of adjustment of status inside the US.
What should I do if I have a pending I-485?
You should speak to your immigration attorney about how and when to address this policy. Our Antonini & Cohen immigration attorneys can help you develop a strategy for addressing the policy while it is being challenged in court.
What should I do if I planned to file an I-485? Should I leave?
You should speak to an Antonini & Cohen Atlanta immigration attorney before filing an I-485 to outline the favorable arguments in your case that address the policy concerns and help the USCIS officer decide in your favor.
You should speak to an Antonini & Cohen immigration attorney before leaving the US. While some individuals may be eligible to return via the US consulate, for others, leaving could cause significant delays or long-term or permanent ineligibility to return.
Antonini & Cohen Immigration Law Group is ready to assist you!
This is a significant and developing change. Our immigration attorneys will continue monitoring developments and sharing updates as more news is available.
If you are an existing client, you can contact your case manager or lead attorney with questions regarding this policy.
If you are a former client or want more information about becoming a client, please contact us today at (470) 428-3200 to schedule a consultation with one of our experienced Atlanta immigration attorneys..
At Antonini & Cohen, we know how. We fight harder.
Frequently Asked Questions
What is a Form I-485 Application?
The form I-485 is the official U.S. Citizenship and Immigration Services (USCIS) document used by foreign nationals already in the United States to apply for lawful permanent resident status (a Green Card) without having to return to their home country.
Does this new policy mean adjustment of status is no longer allowed inside the United States?
No, policy does not create a complete ban. Adjustment of status inside the United States is still available if USCIS determines your case has favorable or extraordinary factors that permit you to file inside the US.
Who is exempt from the new policy?
The press release specifically references T and U visa applicants, crime victims, and other humanitarian-based cases. The policy also appears to provide exceptions for individuals who cannot obtain lawful status through processing outside the United States.
However, the memorandum remains silent on many other groups, including individuals who entered without inspection but are grandfathered under INA §245(i), arriving aliens, and others who may still qualify for adjustment of status inside the United States.
The policy also allows adjustment applicants the opportunity to present favorable factors and explain why their cases should merit approval.
What factors could USCIS review under this policy?
USCIS may consider factors such as:
Prior immigration violations
Visa intent
Criminal history and/or fraud concerns
Unlawful presence
Whether the applicant could complete the process through consular processing outside the United States.
Could this policy affect pending I-485 applications?
Possibly. The memorandum does not clearly state whether it applies to pending cases, which creates uncertainty for applicants with current I-485 applications. Antonini & Cohen is actively monitoring any developments or news updates for clearer information.
Should I leave the United States and apply through consular processing instead?
You should speak with an experienced Antonini & Cohen immigration attorney before making travel decisions to evaluate your options. Leaving the United States could create delays or long-term or permanent immigration consequences for some applicants.
Can this policy be challenged in court?
Yes. Many immigration attorneys and advocates believe the policy conflicts with existing immigration laws and legal precedent, and legal challenges are expected.
Should I still file an I-485 application?
Whether you should file an adjustment of status application depends on your individual immigration history and risk factors under the new USCIS policy.
While adjustment of status is still legally available, the policy may increase the likelihood of denial in certain cases. Filing a strong Form I-485 application that addresses discretionary factors is more important than ever.
Before applying, it is critical to speak with an experienced Antonini & Cohen immigration attorney who can evaluate your eligibility, identify potential risks, and develop a strategy tailored to the new USCIS guidelines.
What should I do if I already have a pending adjustment of status case?
You should contact your immigration attorney to discuss how this policy could affect your case and whether additional legal strategy or documentation may be necessary.
If you filed without an attorney, contact Antonini & Cohen today for consultation to make sure your application is on the right track.
What can happen if USCIS denied my case based on this policy?
A person denied adjustment by USCIS generally has 5 possible solutions:
File a Motion to reopen or reconsider with USCIS
If denied and placed in removal proceedings, ask the Immigration Judge to reverse the USCIS denial
Consider consular processing, if eligible
Refile the adjustment with a stronger showing of eligibility to adjust inside the US
File a federal lawsuit against USCIS under the APA
How can Antonini & Cohen help with adjustment of status cases?
Antonini & Cohen Immigration Law Group can evaluate your immigration history, explain how this policy may affect your case, and help you develop a strategy to protect your immigration options.
Speak With an Immigration Attorney About Your I-485 Case
The new USCIS policy creates uncertainty for many Green Card applicants. If you have a pending or planned adjustment of status (Form I-485) application, it is important to understand how these changes could affect your case.
Call Antonini & Cohen at (470) 428-3200 to schedule a consultation with an experienced Atlanta immigration attorney and protect your immigration options.
At Antonini & Cohen, we know how. We fight harder.