Adjustment of Status in 2026: What the New USCIS Policy Means and What to Do If You Have a Pending I-485

Last Updated: June 2026

For decades, many immigrants viewed adjustment of status as a routine part of the green card process. If you were eligible and met the legal requirements, filing Form I-485 allowed you to apply for permanent residence without leaving the United States.

That assumption may no longer be safe.

On May 21, 2026, USCIS announced a significant policy shift that changes how immigration officers evaluate adjustment of status applications. Under the new guidance, adjustment of status is no longer viewed as a routine benefit available to everyone who qualifies. Instead, USCIS now characterizes adjustment of status as an extraordinary form of discretionary relief that officers may grant, or deny, even when an applicant appears otherwise eligible.

Not surprisingly, the announcement generated concern throughout immigrant communities. Headlines suggested that obtaining a green card from inside the United States had suddenly become impossible.

The reality is more nuanced.

Many individuals remain eligible to adjust status. Family-based petitions, employment-based cases, and other categories continue to exist. However, the new policy gives immigration officers broader authority to weigh positive and negative factors when deciding whether adjustment should be granted.

For some applicants, the impact may be minimal. For others, particularly those with immigration violations or unlawful presence, the consequences could be significant.

In this guide, Law Group International explains:

• What the new adjustment of status policy actually says.
• Which immigrants are most likely to be affected.
• Why consular processing may create unexpected risks.
• What steps you should take if you have a pending I-485 or plan to file one.

Understanding the policy now may help you avoid costly mistakes later.

What Does the New Adjustment of Status Policy Actually Say?

Adjustment of status remains legally available.

What has changed is how USCIS officers are instructed to exercise their discretion when reviewing applications.

Under Policy Memorandum PM-602-0199, USCIS emphasizes that adjustment of status should be viewed as a discretionary benefit rather than an entitlement. Even if an applicant satisfies the technical eligibility requirements, officers are directed to evaluate the totality of the circumstances before deciding whether approval is warranted.

In practical terms, officers must now weigh:

Favorable Factors

These may include:

• Strong family ties in the United States
• Long-term lawful employment
• Community involvement
• Military service
• Evidence of good moral character
• Humanitarian considerations

Adverse Factors

These may include:

• Immigration violations
• Prior periods of unlawful presence
• Criminal history
• Misrepresentations in immigration filings
• National security concerns
• Repeated violations of immigration laws

The policy also emphasizes that consular processing remains the traditional pathway to permanent residence for many applicants.

As a result, officers may increasingly scrutinize whether adjustment of status is appropriate when an applicant could theoretically complete the immigrant visa process abroad.

Not every category will be affected equally.

Individuals in dual-intent visa classifications, such as H-1B and L-1 workers, may face fewer practical consequences because their immigration pathways already contemplate eventual permanent residence.

For many family-based applicants, however, the discretionary review component could become significantly more important than it was in previous years.

Does This Affect My Green Card Application?

The answer depends on your immigration category and personal circumstances.

Immediate Relatives of U.S. Citizens

This category includes:

• Spouses of U.S. citizens
• Parents of U.S. citizens
• Unmarried children under 21 of U.S. citizens

These applicants generally remain among the strongest candidates for adjustment of status.

However, eligibility alone may no longer be enough. USCIS officers are now directed to conduct a broader discretionary review, meaning documentation of positive equities may become increasingly important.

Strong evidence of family relationships, community ties, financial stability, and good moral character can help strengthen these cases.

Family Preference Categories

Applicants in family preference categories may face greater scrutiny.

Because these categories often involve longer wait times and more complex immigration histories, officers may pay closer attention to discretionary factors that could weigh against approval.

Applicants should carefully review their immigration records before filing.

Individuals Who Entered Without Inspection

This group may face some of the greatest risks under the new policy.

If USCIS determines that adjustment of status is not appropriate, the agency may expect the applicant to pursue immigrant visa processing through a U.S. consulate abroad.

For many individuals, leaving the United States creates serious inadmissibility issues that must be analyzed before any travel occurs.

H-1B and L-1 Visa Holders

Individuals holding dual-intent visas may be somewhat less affected.

Because these visa categories already anticipate the possibility of permanent residence, adjustment of status remains a common pathway.

That said, discretionary review still applies, and officers may evaluate adverse factors on a case-by-case basis.

Applicants With Pending I-485 Cases

One of the biggest unanswered questions is how aggressively USCIS will apply the new policy to applications already pending.

At the time of writing, the scope of retroactive application remains unclear.

Individuals with pending cases should closely monitor developments and consult an immigration attorney before making decisions that could affect their eligibility.

The Hidden Risk: Why Consular Processing Can Be Dangerous

One of the most important consequences of the new policy may not be the denial itself.

It may be what happens afterward.

If USCIS denies an adjustment of status application and directs the applicant toward consular processing, the individual may need to leave the United States to complete the immigrant visa process at a U.S. embassy or consulate abroad.

For some applicants, this creates a major legal problem.

The Three-Year and Ten-Year Bars

Many immigrants accumulate unlawful presence while living in the United States.

Under federal immigration law, departing the country after accruing unlawful presence can trigger serious reentry bars:

• More than 180 days but less than one year of unlawful presence may trigger a three-year bar.
• One year or more of unlawful presence may trigger a ten-year bar.

These bars can prevent an individual from returning to the United States even when they have an approved immigrant petition.

In other words, leaving the country to complete consular processing can create a problem that did not previously exist.

The Importance of an I-601 Waiver

In some situations, applicants may qualify for an I-601 waiver of inadmissibility.

A waiver can allow eligible individuals to overcome certain grounds of inadmissibility and continue pursuing permanent residence.

However, waiver eligibility is highly fact-specific.

The application often requires substantial documentation and legal analysis demonstrating qualifying hardship to a U.S. citizen or lawful permanent resident relative.

Most importantly:

Do not leave the United States based solely on a consular processing instruction without first consulting an experienced immigration attorney.

A departure that seems straightforward can trigger consequences lasting years.

Steps You Should Take to Protect Your Case

The new policy does not mean adjustment of status is unavailable.

It does mean preparation matters more than ever.

If You Already Have a Pending I-485

Do not withdraw your application without legal advice.

A pending case may still be approvable, and withdrawing prematurely could eliminate options that remain available.

If Your Adjustment Application Was Recently Denied

Consult an immigration attorney immediately.

Depending on the circumstances, you may have options such as:

• Filing a motion to reopen
• Filing a motion to reconsider
• Pursuing alternative forms of relief
• Evaluating waiver eligibility
• Preparing for consular processing

If You Plan to File Soon

Seek legal guidance before submitting the application.

Identifying potential issues early is often easier than correcting them later.

If You Are Married to a U.S. Citizen

Many marriage-based cases remain strong.

However, documenting positive discretionary factors is becoming increasingly important.

Evidence showing the legitimacy of the marriage, family unity, financial stability, and community involvement may carry greater weight under the new framework.

Frequently Asked Questions

Can I still file Form I-485 in 2026?

Yes. Adjustment of status remains available under existing immigration laws. However, USCIS now emphasizes discretionary review more heavily when evaluating applications.

I married a U.S. citizen. Can I still adjust status?

Many spouses of U.S. citizens remain eligible to adjust status. However, USCIS may now conduct a broader analysis of positive and negative factors before granting approval.

My priority date is current. Should I file?

Possibly. Eligibility depends on your immigration category, admissibility, and individual circumstances. An attorney can help evaluate whether filing is advisable.

Is my employment authorization document (EAD) based on my I-485 still valid?

Generally, yes. A pending adjustment application may continue to support employment authorization unless USCIS takes action affecting the underlying case.

What happens if USCIS denies my adjustment application?

The consequences depend on your immigration status and history. Some individuals may pursue motions, appeals, waivers, or consular processing. Others may face removal proceedings.

Can I appeal an adjustment of status denial?

In some situations, motions to reopen or reconsider may be available. The appropriate strategy depends on the reason for the denial and the procedural posture of the case.

This Policy Change Does Not Make Adjustment of Status Impossible, But It Does Make Strategy More Important

The May 2026 policy shift does not eliminate adjustment of status.

It does, however, signal that USCIS officers may exercise broader discretion when evaluating green card applications filed inside the United States.

For some applicants, the impact may be limited. For others, particularly those with unlawful presence, prior immigration violations, or complex histories, the consequences can be substantial.

A denied adjustment application may lead to difficult decisions involving consular processing, inadmissibility waivers, or alternative forms of immigration relief.

That is why careful legal planning is more important than ever.

At Law Group International, attorneys Khalid Shekib and Daniela Lucena help immigrants and families throughout Virginia, Washington D.C., and Maryland evaluate adjustment of status options, waiver eligibility, and strategies for navigating complex USCIS policy changes.