Can I still apply for a green card inside the US after the May 2026 USCIS memo?

This page explains what the May 2026 memo changes for green cards applied for inside the United States. It is general information, not legal advice. Rules for entering the country are on other pages. For every path to a green card, see Ways to get a green card.

Did USCIS end green cards inside the United States?

No. You may have heard that. It is not true.

Getting a green card from inside the country is called adjustment of status. You file Form I-485 and stay here while USCIS decides. Congress created this process in the law at INA section 245. A USCIS memo cannot erase a law. The law is still there, and USCIS is still taking and deciding I-485 applications (checked October 19, 2026).

What did change is how officers judge each case. That is real, and for some people it raises the risk of applying. So read on before you file.

What does the May 2026 memo say?

The memo is called PM-602-0199. It is dated May 21, 2026, and USCIS posted it on May 22. Its main points, in plain words:

• A green card from inside the U.S. is a favor, not a right. The memo calls adjustment "a matter of discretion and administrative grace" and an "extraordinary" kind of relief. Discretion means the officer can say no even when you meet every rule on paper.
• The normal path is abroad. The memo says the usual way to immigrate is an immigrant visa interview at a U.S. consulate in another country. It treats applying from here as the exception.
• Staying past your visa or parole counts against you. If you came on a visa or parole and did not leave when it ended, the memo tells officers to weigh that as a negative factor, especially if you could have gone through a consulate instead.
• A clean record may not be enough. When there are negative factors, the memo says you may need "unusual or even outstanding" positive factors to make up for them. It also says that having nothing bad on your record does not, by itself, prove those strong positive factors.
• Officers must weigh everything. That includes family ties, your immigration history, your moral character and anything else that matters.
• A denial must explain itself. If USCIS denies you as a matter of discretion, the written notice must list the positive and negative factors it weighed and say why the negatives won.
• More guidance may come. USCIS says it may issue rules for specific groups of applicants.

Does the memo make me leave the country?

No. The memo does not say people who can apply here must leave. The Immigrant Legal Resource Center, a national nonprofit, says the same and warns that leaving can cause serious problems of its own.

That warning matters. If you have lived here without status for more than 180 days and then leave, you can trigger a 3 or 10 year bar to coming back. See The 3 and 10 year bars and the waiver to forgive them. Never leave to "do it the consulate way" without a lawyer's advice first.

Who is most at risk under the memo?

The memo covers adjustment under INA section 245, the section most family and work cases use. It hits hardest:

• People who came on a visa and stayed after it ended. This includes many spouses, parents and children of U.S. citizens who are allowed by law to apply from here after an overstay.
• People who came in on parole and did not leave when the parole ended.
• People who worked without permission or broke the terms of a visa.

The memo says officers should keep in mind two exceptions to its concern about staying: visas that allow you to plan to immigrate (called dual intent, like many work visas), and green card categories where applying from inside the country is the only way. It also says a few kinds of adjustment are not discretionary at all. One it names is green cards for people admitted as refugees.

Some other green card paths have their own rules, such as asylum, U and T visas, VAWA and Special Immigrant Juvenile Status. Legal groups say the memo is not aimed at those. Ask a lawyer how it fits your case. See Immigration options if you survived violence, abuse or trafficking.

What else changed in 2026?

Three other changes make a careful, complete application more important than ever.

USCIS can deny without asking you for more. A policy alert called PA-2026-05, dated August 5, 2026, lets officers deny a case when required papers are missing, without first sending a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). It took effect right away and applies to cases already waiting. If you do get an RFE, the most time USCIS can give is 12 weeks. A NOID gives 30 days at most. USCIS adds 3 days for mail and no longer adds extra days for mail sent abroad.

A new I-485 edition. Since September 18, 2026, USCIS accepts only the 09/18/26 edition of Form I-485. It rejects older editions.

New public charge rules. A new federal rule on "public charge" took effect September 18, 2026. Most family based green card applicants, including spouses, children and parents of U.S. citizens, must show they are not likely to depend on certain government help. Refugees, asylees and Special Immigrant Juveniles are among the groups USCIS says are exempt. See Will using benefits like CalFresh hurt my case?

Is anyone challenging the memo in court?

Yes. On October 5, 2026, unions, faculty groups, a legal aid group and six green card applicants sued in federal court in Boston. The case is American Association of University Professors v. Mullin, No. 1:26-cv-14527 (D. Mass.). It challenges both the May memo and the August evidence policy. It is pending, and no court order has been posted (case page, checked October 21, 2026).

A lawsuit does not stop a policy. Until a court rules, plan as if both policies apply to you. Before you file, check the case page or ask your lawyer whether the court has ruled.

I have not applied yet. What should I do?

Do these things in order.

1. Get a screening. A lawyer or DOJ accredited representative should review your entries, exits, any visas or parole, any work without permission, and any arrests. Bring every immigration paper you have. See What to bring to your first meeting with an immigration lawyer.
2. Ask: "Can I adjust here, and what happens if I am denied?" Ask also whether consular processing is even possible for you, and what bars or waivers would apply if you left.
3. Gather proof of your positive factors. Under the memo, these matter more than before. Think about family here, years in the community, steady work, taxes filed, school, church and volunteer work, and caring for children or older relatives.
4. Send a complete application. Under PA-2026-05, a missing paper can mean a denial with no warning. Use the 09/18/26 edition and the form instructions' list of required evidence.
5. Ask about a written statement. Some lawyers add a statement explaining why you should be allowed to finish the process here. Ask yours.

I already applied. What now?

• Call your lawyer or a clinic now, even if nothing has happened. You may need to send more proof of your positive factors. Do not send anything to USCIS until a lawyer has reviewed it.
• Answer every notice on time. An RFE or NOID has a hard deadline. Get help the day it arrives.
• Prepare for your interview. Officers may ask why you did not go through a consulate. Plan your answer with your lawyer.
• Keep your address current. If you move, tell USCIS within 10 days. See How to tell USCIS you moved.
• Think hard before traveling. Leaving without advance parole while your I-485 is pending usually means you give up the application. Even with advance parole, an August 13, 2026 decision of the Board of Immigration Appeals, Matter of Delcarmen-Lara, says a trip on advance parole counts as leaving for the 10 year bar. USCIS now applies it to the 3 and 10 year bars for departures since that date (Form I-131 page). Talk with a lawyer before any trip. See Advance Parole: who can get it and how to apply.
• Waiting a long time? See What to do when your USCIS case is taking too long.

What if USCIS denies me?

Get legal help right away. Deadlines to ask USCIS to look again are short. A denial notice based on discretion must list the factors USCIS weighed, so keep it and bring it to your lawyer. If you are sent to immigration court, an immigration judge may be able to hear a green card request there. See Can USCIS deny my green card even if I qualify? and What happens at your first immigration court hearing.

Questions people ask us

My spouse is a U.S. citizen. Am I safe? Being an immediate relative still lets many people apply from here after an overstay. But the memo applies to these cases too. Get a screening before you file.

I have a work visa. Does this affect me? Possibly less. The memo says applying for a green card fits with keeping a dual intent visa. It also says keeping that visa is not enough by itself. Talk with your employer's lawyer.

Should I wait to file? It depends on your case. Some people have deadlines or reasons to file now. Waiting can also have costs. Decide with a lawyer, not from social media.

Someone says they can get me around the memo for a fee. That is a scam warning sign. Only lawyers and DOJ accredited representatives may give immigration legal advice. See Warning signs of an immigration scam.

Does this memo apply to DACA renewals? No. It is about green card applications. DACA renewals follow their own rules. If you have DACA and a family petition, see DACA and a path to a green card.

Who can help?

You don't have to figure this out alone. These are free or low cost nonprofits. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Anywhere in the U.S.: the DOJ list of pro bono legal service providers or ImmigrationLawHelp.org

For San Mateo and Santa Clara county residents:

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440, for low income residents of San Mateo and Santa Clara counties
• Immigration Institute of the Bay Area, Redwood City: (650) 587-1558, by appointment. First consultation free.
• Catholic Charities San Francisco (serves San Mateo County): (650) 285-6451
• Catholic Charities of Santa Clara County: (408) 468-0100
• SIREN, San Jose: (408) 453-3003
• Asian Law Alliance, San Jose: (408) 287-9710

Anywhere in California:

• California Department of Social Services: the state's map of free immigration legal services, or call (916) 651-8017.

More choices, with who each group serves, are on Free or low cost legal help in the Bay Area.

Is there a checklist I can print?

Yes. Bring it to your screening.

We know this news is frightening. The door is not closed. A careful plan, made with trusted help, is still the best way through, and you are not walking it alone.