Can I still apply for adjustment of status (Form I-485) inside the U.S. after the May 2026 USCIS memo?

Yes — the May 21, 2026 USCIS memo (PM-602-0199), announced publicly on May 22, 2026, does not eliminate adjustment of status. It reaffirms that AOS is a discretionary benefit, not an automatic right, and directs officers to weigh positive and negative factors. As a practical matter, applicants should be prepared to affirmatively demonstrate positive equities (strong family ties, lawful history, clean record). Immediate relatives of U.S. citizens with clean immigration histories remain among the strongest candidates, but every case should be reviewed by an attorney before filing.

Can I travel internationally while my I-485 (adjustment of status) is pending?

Generally, no — not without first obtaining an Advance Parole document (typically requested on Form I-131). Leaving the United States while your I-485 is pending without a valid Advance Parole in hand typically results in your application being considered abandoned. Do not travel internationally with a pending I-485 without consulting an immigration attorney.

What is the National Visa Center (NVC) and what role does it play in consular processing?

After an immigrant visa petition is approved by USCIS, the case is transferred to the National Visa Center (NVC), a U.S. Department of State facility that collects fees, documents, and biographical information before the case is scheduled for an interview at the appropriate U.S. embassy or consulate abroad. The NVC acts as the intermediary between USCIS and the overseas consular post.

If I overstayed my visa in the U.S., can I just leave to attend a consular interview?

This is one of the most dangerous mistakes in immigration law. If you accrued unlawful presence in the United States — more than 180 days can trigger a 3-year bar, and one year or more can trigger a 10-year bar — leaving can prevent you from returning to the U.S. for years. In some cases a provisional unlawful presence waiver (Form I-601A) may be available before you depart, but eligibility is limited. You must have your immigration history fully reviewed by an attorney before departing for any consular interview.

Does the May 2026 USCIS policy change affect H-1B workers seeking green cards?

It may. H-1B and L-1 visa holders have historically benefited from dual-intent status, which allows them to pursue permanent residence, and the memo acknowledges dual-intent categories as a possible exception. Even so, the memo directs officers to exercise discretion more rigorously across the board. Meeting the technical requirements alone may no longer be sufficient — applicants should document positive equities and consult counsel about their specific situation.

How long does consular processing take compared to adjustment of status?

Timing varies significantly by visa category, country of birth, and current government processing volumes. Neither path has a guaranteed timeline as of June 2026. Consular processing adds State Department and embassy steps, and appointment availability at some posts can cause significant delays. The May 2026 policy change may also slow AOS adjudications due to increased scrutiny. An immigration attorney can give you a realistic estimate based on your specific category and circumstances.

Adjustment of Status vs Consular Processing: Miami Guide

Compare adjustment of status vs consular processing for a green card in Miami. Learn which path fits your situation under the May 2026 USCIS policy shift.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

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