This article was last updated on June 23, 2026

Summary

On May 21, 2026 the United States Citizenship and Immigration Services (USCIS) released a memo which affects some types of green card applications. This memo does not affect green card applications based on asylum, refugee status, or certain other humanitarian pathways. You should check with a qualified attorney to confirm if the memo applies to your green card application. You can find a list of low cost attorneys here. Note: IRAP cannot guarantee the quality of services provided by attorneys on the list. 

For affected green card applications, the memo reminds USCIS officers to look at all factors, both positive and negative, when deciding a case. The memo does not change the law about applying for and receiving a green card, but it does tell USCIS officers to look more closely at negative factors in certain green card applications. According to USCIS, negative factors include overstaying a temporary immigration status (like a tourist visa) and working without authorization. This focus on negative factors could result in more people being denied green cards.

This article explains the memo, who it will impact, and how this memo may affect those applying for green cards. It remains uncertain exactly how this memo is being implemented, so it is important to talk with a trusted legal representative for personalized legal advice. 

What does the USCIS memo say?

This memo reflects the Trump Administration’s targeting of lawful immigration pathways. This memo does not change the application process or eligibility for green cards, but it could affect the way that USCIS officers decide who gets a green card when they apply from inside the United States. As a result, more people could be denied green cards.

The USCIS memo issued on May 21, 2026 says:

• Getting a green card without having to leave the United States is a “privilege” and only granted in “extraordinary circumstances”
•  If you have negative factors in your green card application, you will only be granted a green card if you can also show you have positive factors. 
• USCIS officers get to decide who gets a green card based on the individual circumstances of each case. Thus, they can reject your application if you have negative factors, even if you otherwise qualify.
  • According to this memo, potential negative factors include: 
    • Remaining in the United States after your visa or temporary status expired 
    • Violating the rules of your visa or status (such as working without work authorization in the United States) 
    • Providing false information to immigration or any U.S. government agency
    • Applying for a green card from within the United States when you could have applied for a green card from outside the United States. 
• If there are negative factors in your green card application, a USCIS officer should  look at both the negative factors and positive factors before making a decision
  • Potential positive factors include: 
    • Ties to the U.S.
    • Being a caretaker to a U.S. citizen or lawful permanent resident
    • Having U.S. citizen or lawful permanent resident relatives  
    • Stable employment history 
    • Paying taxes in the U.S. 
    • Community service. 

The memo also says that USCIS may continue to restrict the green card application process in the future. This could impact other populations or categories of applicants. 

Who may be impacted by the green card memo?

The memo applies to people applying for their green cards who: 

• Are filing under a specific provision of immigration law, 245(a) (this includes most family-based and Special Immigrant Visa (SIV) green card applicants), and 
• Could get an immigrant visa from outside the United States. 

If this applies to you, then the green card memo will likely impact you if you: 

• Overstayed your visas
• Entered with a temporary status (such as parole) and later applied for a green card
• Worked without an official employment authorization card 
• Have complex immigration or criminal histories

The memo will also likely impact new green card applications and applications that are currently pending. If the memo applies to your green card application and you have one or more negative factors in your application, you should consult a qualified immigration lawyer to discuss your case. You can find a list of free or low-cost attorneys here. Note: IRAP cannot guarantee the quality of services provided by attorneys on the list. 

Who is excluded from the impact of the green card memo?

The memo only affects those applying for a green card under INA § 245(a), which includes most people with family-based and employment-based applications, as well as Afghan SIV-based applications . This memo does not affect asylees, refugees, or those who received status through certain other humanitarian pathways. 

Will I have to leave the United States when applying for a green card?

Not necessarily. This will depend on the specific facts of your case. You should not leave the United States without talking with a qualified lawyer first.

You can find a list of free or low-cost attorneys here. Note: IRAP cannot guarantee the quality of services provided by attorneys on the list. 

I am a refugee or asylum seeker. Does this new guidance impact my green card application? 

The memo addresses green card applications that are separate from refugee and asylee green card applications. If you are a refugee or asylee green card applicant, you will not be affected by this memo. 

Additional information and resources

For more information about the May 2026 Green Card memo you can read the Immigrant Legal Resource Center’s resource here.