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Legal Immigrants Told to Self-Deport
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199 declaring that adjustment of status, the standard process for getting a green card while living in the United States, will now be granted only in “extraordinary circumstances.” The practical result: most of the 1.2 million people with pending green card applications must leave the country and apply through a U.S. consulate abroad.
This is not a minor procedural tweak. For decades, adjustment of status has been the normal path for roughly half of all green card recipients. Congress created the process in 1952 specifically to prevent hardship to American families. USCIS is now treating a congressionally authorized right as an act of charity.
The memo frames this as returning to “original intent,” but as immigration attorney Cyrus Mehta points out, this is a sharp break from decades of practice. The Board of Immigration Appeals precedent in Matter of Arai still holds that adjustment should be granted as a matter of course when no adverse factors are present. The memo does not address that precedent.
Who Gets Forced Out
The policy hits people who followed every rule. They applied legally, waited years, paid thousands in fees, and built lives here. Now USCIS is telling them to leave.
| Category | Situation | What the memo means |
|---|---|---|
| Spouses of U.S. citizens | Married to Americans, raising families here | Must leave the country to apply at a consulate abroad |
| H-1B workers | Skilled professionals, often waiting 10+ years for green cards | Must self-deport despite employer sponsorship |
| F-1 students | Graduated from U.S. universities, working on OPT | Must leave and compete for scarce consular appointments |
| L-1 transferees | Multinational employees transferred to U.S. offices | Pulled from active roles mid-project |
| Children of applicants | U.S.-raised kids of any category above | Separated from schools, friends, and communities |
The consular system they are being pushed into is not ready. Wait times at U.S. embassies run 6 to 18 months. Some applicants come from countries where 75 nations have no functioning U.S. consulate capable of processing immigrant visas. The USCIS backlog already exceeds 5 million pending cases. Offloading more work to the State Department will make both systems slower.
David Bier, director of immigration studies at the Cato Institute, described the pattern clearly:
DHS has slashed green card approvals in half over the last year. This memo is a radical expansion of the administration’s quiet quitting on legal immigration.
The Legal Fight Ahead
The memo has a serious legal problem: USCIS cannot override federal statute through internal policy guidance. Adjustment of status is written into Section 245 of the Immigration and Nationality Act. Congress put it there on purpose and has expanded it multiple times since 1952.
Attorneys across the country are preparing challenges. The key legal questions include whether USCIS can retroactively apply the policy to already-filed cases, whether the memo conflicts with the INA, and whether applicants who relied on existing rules have due process protections.
A separate class-action lawsuit is already underway over more than 100,000 delayed Cuban adjustment cases, and the new memo will add fuel to that litigation.
One legal detail worth watching: the phrase “only in extraordinary circumstances” appeared in the USCIS press release but not in the actual memo text. That gap between the political messaging and the operative guidance may matter in court.
What You Can Do
- Write your members of Congress. Tell them to protect adjustment of status as the law intends. Send this letter through Resist Bot in minutes.
- If you have a pending I-485 application, consult an immigration attorney immediately. Do not make any travel decisions based on the memo alone. The American Immigration Lawyers Association maintains a lawyer directory.
- Share the USCIS memo directly with people in your community who may be affected. The full text of PM-602-0199 is public.
- Follow the litigation. Courts will likely issue rulings quickly given the number of people affected. The National Immigration Law Center tracks active cases.
- Talk to your employer if you sponsor or employ H-1B workers. Companies have standing to challenge policies that disrupt their workforce, and employer groups are reviewing their options.
This brief connects to the Immigration and Detention hub, which tracks the full scope of enforcement, detention, and policy changes affecting immigrants in the United States. See also: Restore the Immigration Detention Ombudsman and Congress Should Stop Expanding ICE.