USCIS has issued a new policy memorandum (PM-602-0199) effective May 21, 2026, clarifying that adjustment of status (I-485 green card applications) for individuals on temporary visas is now considered discretionary administrative grace rather than a routine process. The memo indicates that temporary visa holders are expected to leave the U.S. and apply for permanent residency through consular processing in their home countries, except in extraordinary circumstances.
Key Details:
- Effective Date: May 21, 2026
- Temporary visa holders must generally return to their home country to apply for a Green Card.
- Seeking permanent status while on a temporary visa is now viewed as an adverse factor.
- Dual intent visas, like certain H-1B visas, may have exceptions but still face increased scrutiny.
This policy change aims to enforce existing laws regarding temporary visas and reduce potential misuse of the immigration system. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: annRCD8