Green card in June 2026: the new USCIS memo, the DHS clarification, and what changed in the courts

2 days ago
5 min read

If you are in the United States with a temporary visa and dreamed of processing your residency without having to leave the country, the last few weeks have been a rollercoaster of news, rumors, and clarifications. A new USCIS memo, a Department of Homeland Security (DHS) clarification, and a key court decision have shaken up the world of green cards. Navigating this sea of information is complicated, but here we explain step by step what is really happening and how it could affect you.

The PM-602-0199 memo: a shift in USCIS philosophy

On May 21, 2026, USCIS published Policy Memorandum PM-602-0199, a document that has generated great uncertainty in the immigrant community. The most important thing you need to know is that this memo does not change the law, but it does drastically change how USCIS applies its discretion to approve or deny a green card through Adjustment of Status (Form I-485).

What does the memo actually say?

The document establishes that Adjustment of Status is not an automatic right, but rather an act of "administrative grace" and an "extraordinary remedy." Before, if you met the legal requirements, approval was almost guaranteed. Now, USCIS makes it clear that being eligible is no longer enough. The immigration officer has the authority to deny your application even if you meet all the requirements, unless you can persuade them that your case deserves that "grace."

Adjustment of status is no longer the default

The memo indicates that the preferred path to obtain residency should be Consular Processing, meaning completing the process from your home country. Adjustment of Status from within the U.S. should be the exception. In the words of USCIS spokesperson Zach Kahler: "From now on, an alien who is temporarily in the U.S. and wishes to obtain a green card must return to their home country to apply, except in exceptional circumstances."

The DHS clarification: "It's not a new policy, it's a reminder"

The USCIS announcement caused a wave of panic and confusion among immigrants and employers. Many interpreted that all green card applicants would have to leave the country. In response, the Department of Homeland Security (DHS) clarified that there has been no major policy change.

What does this clarification mean?

DHS explained that the memo was a "reminder" to officers about the discretionary power they have always had to decide, case by case, whether someone should complete the process outside the country. In other words, the strict standard already existed, but it is now being applied more visibly. A DHS spokesperson noted that people who have violated the terms of their visa or who come from countries whose citizens often use public assistance could be scrutinized more closely.

What factors will USCIS evaluate to decide your case?

To decide whether your case is "exceptional" and deserves approval from within the U.S., USCIS officers will analyze a series of positive and negative factors in your file. This is known as the "totality of the circumstances" analysis.

Negative factors (red flags)

Immigration violations: Having worked without authorization or violated the terms of your visa.
Immigrant intent upon entry: Entering as a tourist (B) or student (F, M, J) with the intention of staying permanently.
Public charge: Having received public assistance or having chronic health conditions that could be a burden on the healthcare system.
International travel: Having traveled abroad while your Adjustment of Status was pending.
General history: Character issues, social media activity considered "anti-American," or any misrepresentation in previous applications.

Positive factors (in your favor)

Compliance with the law: Having respected all the conditions of your visa.
Contribution to the community: Participation in religious organizations, volunteer work, or any activity that demonstrates strong community ties.
National interest or economic benefit: As a USCIS spokesperson noted, people whose roles provide an "economic benefit" or are in the "national interest" will likely be able to remain in the U.S.

The court decision that unblocked cases from 39 countries

Not all the news is bad. On June 5, 2026, a federal judge in Rhode Island issued a landmark ruling that overturned USCIS's freeze on immigration benefit applications for nationals of 39 countries considered "high-risk" and for those with documents issued by the Palestinian Authority.

What did this freeze mean?

Since late 2025, USCIS had ordered a halt to the adjudication of all immigration benefit applications (including green cards, work permits, and nonimmigrant petitions) for people from these countries. Additionally, there was a policy instructing officers to treat the nationality of these countries as a negative factor when reviewing any application that required discretion.

What changes with this ruling?

The judge determined that these policies violated the law and were "arbitrary and capricious." With this decision, USCIS is expected to resume processing green card petitions, work permits, and other benefits for affected applicants. This is a lifeline for thousands of people who were left in limbo.

What you need to know and do today

Adjustment of status has not been eliminated, but it is now more difficult. It is not automatic, and you will need to demonstrate that your case is exceptional.

Prepare your case carefully. Gather all possible evidence of your contributions to the community, your good moral character, and your compliance with the law. The stronger your file, the harder it will be for the officer to exercise discretion against you.

Stay calm and seek guidance. The rules have changed, but you are not alone. Consult with an immigration attorney to evaluate your specific case and guide you on whether Adjustment of Status or Consular Processing is the best path for you.

Clear information, not legal advice

At RISE Immigration Services, our mission is to keep you informed through free resources like this blog. We are not lawyers and do not provide legal advice. We explain what is changing so that you can make informed decisions and, if needed, consult with a qualified immigration professional. The Latino community grows stronger when we support each other with honest information.

References

La Nación. ¿Retrocede el Uscis? Green card y nuevas políticas para migrantes con residencia en junio 2026. June 7, 2026.
La Nación. Oficial y confirmado: qué cambia para la green card y los migrantes en junio 2026. June 1, 2026.
Mondaq. USCIS Emphasizes That Adjustment Of Status Processing Is Discretionary, Not Guaranteed, Regardless Of Eligibility. June 18, 2026.
National Law Review. New USCIS Policy on Adjustment of Status Applications. May 26, 2026.
National Law Review. Federal Court Vacates USCIS Benefits Hold Affecting Applicants From 39 Countries. June 9, 2026.
Times of India. No need to leave US for green card, DHS clarifies. June 10, 2026.

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At RISE Immigration Services, we are here to help you with information, community guidance, and free resources. We are a community of Latinos helping Latinos, but we are not lawyers. For specific legal advice about your case, always consult with a licensed immigration attorney.