In the last couple of weeks, many immigrants and their families have seen alarming news headlines and social media posts claiming that green card applicants will now be required to return to their home countries for their interviews. All of the reports are referencing a memo that came out from the United States Citizenship & Immigration Service (USCIS) on May 21, 2026 (“the Memo”), which appears to say that all green card applicants must now leave the United States for their green card interviews. Here, I will explain what the memo says, what it means and does not mean, and what applicants should know moving forward.
Understanding Adjustment of Status
For decades, immigrants have had the opportunity to become permanent residents through various ways. The process of becoming a permanent resident in the United States is called “adjustment of status.” Adjustment of status specifically refers to immigrants who become permanent residents while living in the United States, as opposed to immigrating to the United States as permanent residents directly from their home countries. Under Section 245(a) of the Immigration & Nationality Act, Congress created a legal pathway allowing certain eligible immigrants to apply for lawful permanent residence without leaving the United States. One of the most important steps, usually the final step, in the adjustment of status process is the green card interview.
It is important to note that adjustment of status is governed exclusively by federal law. Although USCIS handles the procedure, USCIS is bound by what the law permits. Therefore, neither this memo nor any other memo that has come from USCIS is binding authority.
What Does the New USCIS Memo Actually Say?
The main part of the memo that has caused concern is its discussion of consular processing, which is the traditional process of obtaining an immigrant visa through a U.S. consulate abroad. Many people have interpreted this language to mean that USCIS plans to require adjustment applicants to leave the United States and complete their green card process overseas. However, that is not what the memo says.
Instead, the memo appears to emphasize a legal reality that immigration attorneys have always acknowledged and understood: adjustment of status under INA § 245(a) was created as an alternative to the traditional consular processing system, not a replacement for it. In other words, the memo is highlighting the historical relationship between these two pathways to permanent residence.
Importantly, the memo does not state that adjustment of status is being eliminated or that applicants will now be required to attend immigrant visa interviews abroad. Adjustment of status remains authorized by federal law, and many attorneys continue to report that adjustment interviews are proceeding as normal.
The Memo also emphasizes that adjustment of status is, and has always been, subject to discretion by an immigration officer. This is, and has always been, true, therefore this assertion is not alarming. Under INA § 245(a), noncitizens can receive adjustment of status if they can prove that they have entered the United States lawfully, are admissible into the United States, and are presently eligible for an immediate green card. The language of this section is still clear in that applicants can be denied if their case does not warrant the discretion allowed under the law.
What Are Attorneys Seeing Right Now?
Since the memo was released, immigration attorneys across the country have reported that USCIS officers are asking some new questions during adjustment of status interviews. These questions focus on the applicant’s decision to pursue adjustment of status rather than consular processing, including:
- Why are you seeking adjustment of status from within the United States instead of consular processing?
- Did you know that consular processing is an option?
- Is there anything that prevents you from leaving the United States and pursuing consular processing instead?
- Why didn’t you leave the United States before your visa expired?
While these questions might make an applicant nervous, attorneys nationwide continue to report that eligible applicants are still being approved for adjustment of status. Although immigration policies can evolve over time, we have not seen a widespread or complete shift in how USCIS is adjudicating adjustment of status applications. For now, adjustment interviews appear to be proceeding largely as they have in the past, with officers simply placing greater emphasis on these issues during questioning.
Conclusion
The immigration landscape continues to change rapidly, and it is understandable that new policy announcements can create confusion and concern. Having an experienced team of immigration attorneys will provide you with the peace of mind necessary to confidently apply for the immigration benefit that you deserve.
Whether you are just beginning the process, gathering documents and unsure of the next steps, or have already filed and need guidance or representation at your interview, our team is here to help. We will evaluate your case, explain your options, and meet you wherever you are in the process.
Contact us today to speak with the team and learn how we can help you move forward with confidence.