Does the May 2026 USCIS memo cancel my pending I-485 application?

No. The memo (PM-602-0199) does not cancel pending applications and does not change the underlying statute. It changes how USCIS officers exercise discretion when reviewing I-485 cases, emphasizing that approval is not guaranteed and will depend on a case-by-case weighing of your circumstances. If you have a pending I-485, speak with an immigration attorney to assess how the new standard may affect your specific case.

Can USCIS really force me to do consular processing instead of adjusting status?

In many cases, USCIS can decline to approve an I-485 and indicate that consular processing is the appropriate pathway — particularly if an applicant entered without inspection or has other bars. However, whether departing the U.S. is safe for your specific situation depends heavily on your history. Never depart without first consulting an attorney about potential 3-year or 10-year travel bars.

I am a Venezuelan national in Miami with a pending asylum case. Does this affect me?

Asylum applicants and TPS holders have their own distinct legal frameworks, but the new discretionary posture introduces additional uncertainty for anyone planning to file or with a pending I-485. Returning to Venezuela to consular-process is not a viable option for most Venezuelan nationals. An immigration attorney can assess your specific pathway and alternatives.

Will the new policy apply to marriage-based green card cases?

The memo applies broadly to adjustment of status applications, and marriage-based I-485 cases are not exempt. However, strong equities — a bona fide marriage to a U.S. citizen, dependent children, lawful entry, stable employment — remain important positive discretionary factors. Document your case thoroughly and consult an attorney before your interview.

Are there visa options that avoid the I-485 adjustment process entirely?

Yes. Investor visas such as the E-2 treaty investor visa and EB-5 immigrant investor visa, as well as nonimmigrant work visas, have different procedural pathways and may not be subject to the same I-485 discretionary standard. A qualified immigration attorney can evaluate whether an alternative path better fits your circumstances.

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

Processing times vary by consulate and visa category and are subject to change. As of June 2026, backlogs at many U.S. consulates remain significant. Consular processing also requires the applicant to be outside the United States during the wait — a major consideration for families and employees. Contact Fitenko Law PLLC for current guidance specific to your country and visa type.

USCIS Adjustment of Status 2026: Miami Green Card Guide

USCIS now treats green card adjustment of status as a discretionary benefit. Miami immigration attorney explains what the May 2026 memo means for you.

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

▾ View Full Site Map · 56 Pages