Possible Changes to Green Card Applications Coming June 2026
The federal government issued a memorandum in May 2026 that could significantly restrict how certain immigrants apply for green cards inside the United States. The policy change has raised questions for people who are currently in the application process, as well as those who were planning to file soon.
Immigration law is rarely straightforward, and periods of rapid policy change make it harder to know what steps to take. An immigration attorney can review your specific situation, explain how this memo may affect your case, and help you decide how to move forward.
What Is Changing About Green Card Applications in 2026?
The May 2026 memorandum targets a process called adjustment of status, which allows certain immigrants already living in the United States to apply for permanent residence without leaving the country. The memo signals a policy shift that could narrow who qualifies for this process, potentially forcing far more applicants through a longer, more difficult path known as consular processing.
According to Forbes, in fiscal year 2024, 782,770 out of 1,356,760 people—roughly 58 percent—who received immigrant status did so through adjustment of status. That means that nearly three out of every five green card recipients that year never had to leave the country to complete their application. If the memo results in sweeping restrictions on that process, the downstream effects on families, employers, and immigration courts could be significant.
What Is an Adjustment of Status?
Adjustment of status is a process that allows certain non-citizens who are already present in the United States to apply for lawful permanent residence, or a green card, without leaving. Rather than returning to their home country to complete the application at a U.S. embassy or consulate, eligible applicants can file petitions through U.S. Citizenship and Immigration Services and attend any required appointments domestically.
This process is generally available to people who entered the country lawfully, have an approved immigrant petition, and meet other eligibility requirements. It is commonly used by immediate relatives of U.S. citizens, employment-based applicants, and certain other categories. Because it allows people to remain with their families and continue working while the application is pending, it has long been a preferred path for eligible immigrants.
What Is Consular Processing?
Consular processing is the alternative to adjustment of status. Under this path, the applicant completes the green card process at a U.S. consulate or embassy in their home country, or in some cases, another country. Once the application is approved and a visa number is available, the applicant may enter the United States and become a lawful permanent resident.
Leaving the United States can trigger bars to re-entry for those who have been unlawfully present, meaning that some applicants who travel abroad for an interview may be unable to return for years, or at all. Consular backlogs, appointment delays, and additional scrutiny can extend the process well beyond what adjustment of status might take.
What the May 2026 Memo Could Mean for Pending Green Card Applications
Green card backlogs have grown dramatically over the past decade, with some employment-based categories facing wait times that stretch for years or even decades depending on the applicant's country of birth. The family-based preference categories have similar delays.
If the May memo leads to a significant reduction in adjustment of status approvals, a larger share of applicants will be routed through consular processing, adding to already long wait times at embassies and consulates around the world.
What Happens When Your Temporary Visa Expires?
When a temporary visa expires, the holder is generally required to leave the United States. Remaining in the country past the authorized period creates what is known as unlawful presence, which can trigger serious consequences under immigration law.
Accruing over 180 days of unlawful presence before leaving the country can result in a three-year bar on re-entry. Accruing more than one year of unlawful presence before departing can result in a 10-year bar. In some cases, these bars can be waived, but the process is complicated, and approval is not guaranteed.
For people who are in the middle of a green card application when their visa expires, the situation can become especially difficult. Depending on the circumstances, a pending application may provide some protection against certain consequences, but that is not always the case. An attorney can help clarify what protections, if any, apply in a specific situation.
Who Qualifies for a Green Card in the United States?
Green cards are available through several pathways, but each comes with its own requirements and limitations. The most common routes are family-based and employment-based.
Family-based green cards are available to immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents. Other family relationships, such as adult children or siblings of U.S. citizens, may be subject to annual numerical caps, which can result in wait times lasting years.
Employment-based green cards are available to workers in categories ranging from priority workers and professionals with advanced degrees to skilled workers and certain special immigrants. These categories are also subject to annual caps, and per-country limits can create significant backlogs for applicants born in high-demand countries such as India and China.
