05/26/2026
The new USCIS policy, issued in Policy Memorandum PM-602-0199, heavily restricts Form I-485 Adjustment of Status (AOS) from within the United States. It shifts the final step of the green card process to consular processing abroad for most applicants, unless extraordinary circumstances are proven.
05.22.2026
Key Elements of the Policy
• Discretionary Enforcement:
Officers must strictly weigh both positive and negative factors in an applicant’s history.
• Mandatory Consular Processing:
Any minor adverse factor — such as brief status gaps, temporary entries followed by intent to adjust status, or overstays — may trigger a denial of Adjustment of Status, requiring the applicant to complete the green card process at a U.S. embassy or consulate in their home country.
• Immediate Effect:
The policy takes effect immediately and significantly impacts both pending and future applications.
• Dual-Intent Carve-Outs:
Visa holders with explicit dual intent, such as H-1B and L-1 status, are largely exempt from the strict new “extraordinary circumstances” standard applied to single-intent visas like F-1 or B-1/B-2.
If you have a pending or upcoming case, please contact DURRANI LAW FIRM and let us know your current visa type so we can evaluate how this policy may specifically affect your situation.
414-267-5700
or
608-276-5700
