Is filing I-485 inside the US banned?

No. Memo PM-602-0199 does not change eligibility for AOS; it tells the officer to weigh discretion more strictly and to treat bypassing consular processing as an adverse factor.

Does the memo apply to I-485s already filed?

The text has neither an effective date nor a clause on pending applications. The memo is addressed to officers deciding cases now.

Is H-1B or O-1 status enough to get AOS?

The memo acknowledges an exception for dual-intent categories but separately says lawful status in such a category is not sufficient on its own for a favorable decision. Visas are not listed by name in the text.

Has a court struck the memo down?

No. As of Sep 30, 2026 it is challenged in Soltanmohammadi v. Edlow (District of Colorado), with no ruling.

PM-602-0199

AOS only in extraordinary cases: the 2026 USCIS memo

Updated: September 30, 2026Author: Alina Kanametova

Key answer

On May 21, 2026 USCIS signed memo PM-602-0199: adjusting status to a green card inside the US (I-485) is called "a matter of discretion and administrative grace" and "an extraordinary relief" not meant to supersede regular consular processing. The memo does not change who is eligible for AOS - it changes how the officer weighs discretion: not departing the US and bypassing consular processing count as adverse factors that must be offset by "unusual or even outstanding equities".

What the document is

Memo PM-602-0199, "Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process", was signed on May 21, 2026; the USCIS news release came out on May 22, 2026. The release is worded more strongly than the memo: it says a foreign national in the US temporarily must return home to apply for a green card, except in extraordinary circumstances. Legally, the memo text is what applies.

What changes and what does not

Only discretion changes: the officer weighs positive and negative factors in the totality of the circumstances, and the absence of adverse factors does not by itself show "outstanding" equities (the memo cites Matter of Blas). A discretionary denial must contain a written analysis of those factors. The guidance applies where consular processing is available for the category; provisions under which AOS is not discretionary are untouched. The text states no effective date and says nothing about I-485s already pending.

Dual-intent visas

USCIS acknowledges exceptions: nonimmigrant categories with dual intent and immigrant categories where AOS is the only pathway. Filing for AOS, the memo says, is not inconsistent with keeping status in a dual-intent category. But footnote 20 adds that lawful status in such a category is not sufficient on its own for a favorable decision. Specific visas (H-1B, L-1, O-1) are not named in the text.

For EB-1A and EB-2 NIW

The memo has no provisions on employment categories or "extraordinary ability": USCIS only notes that it may issue guidance for specific categories. The Policy Manual updates page (latest entry as of Sep 23, 2026) shows no such guidance yet. To choose between I-485 and the consular route, see the AOS vs consular comparison and the visa bulletin page.

Court challenge

The memo is challenged in Soltanmohammadi v. Edlow (US District Court for the District of Colorado, case 1:26-cv-03726, filed Aug 14, 2026) under the Administrative Procedure Act; the memo is attached to the complaint. As of Sep 30, 2026 there is no ruling, and no court has blocked the memo. Status is tracked on the court-cases page.

What the community reports

In the chats in the first weeks after the memo (47 messages between May 20 and Jun 10, 2026) three things came up. First: news retellings like "foreigners banned from applying for a green card in the US" do not match the text - the memo is about discretion, not a ban. Second: lawyers in the discussions mostly said the power to deny on discretion always existed and the novelty is the emphasis. Third: the memo does not expressly protect I-485s already filed, so members advised gathering evidence of status compliance and positive equities in advance.

Check processing times in the USCIS processing times.

What the chats ask about AOS only in extraordinary cases: the 2026 USCIS memo

2×What is a memorandum?
2×What is aos?
2×I have AOS
1×What is usually included in a memorandum?
1×What is a memorandum and what does it contain?
1×What is the best way to write a memorandum?

Community answers

Will the process be faster if I file from the United States?: The I-140 itself is processed on its own timeline and is not necessarily faster just because you are in the United States. The next stage depends on visa availability under the Visa Bulletin and whether you can file adjustment of status or need to go through consular processing.
If I had biometrics after filing adjustment of status, but there is no EAD and no further movement, is that normal?: Long pauses after biometrics are possible, and an EAD does not always arrive quickly. In practice, you should track the status and processing times and, if needed, submit an inquiry if the case falls outside normal timeframes.
What is Adjustment of Status?: Adjustment of Status is the process of obtaining a green card inside the United States without leaving for a consular interview. This path is available only if the requirements related to status, the visa bulletin, and other factors are met.
What documents are usually submitted with I-485 after I-140 approval?: When filing for adjustment of status, applicants usually submit current forms for the applicant and family members, as well as medical Form I-693 if required. Before filing, you need to check the current form versions and USCIS instructions.
Do I need to go to the consulate for EB-1A?: EB-1A is an immigrant category for a green card, not a nonimmigrant visa by itself. If the applicant goes through adjustment of status inside the United States, a consular interview may not be needed; with consular processing, an interview at the consulate is usually required.
If the I-140 for EB-2 NIW was filed recently, can I already file I-485?: I-485 can be filed only when the priority date is current for the applicable category and country of birth. If the line has not yet reached your date, you cannot obtain a green card through adjustment of status yet, even with a filed or approved I-140.

Where people go wrong - from the chats

mistakeIt is risky to treat individual messages about pauses, bans, or new rules as exact instructions. Until there is an official procedure, interview decisions and visa issuance may depend on officers' discretion and current internal guidance.
mistakeRelying only on extending tourist status as a way to wait until you can file I-485 is considered a risky strategy. If adjustment of status cannot be filed from an unlawful position, it is better to consider alternative statuses in advance.
mistakeA common mistake is to confuse Adjustment of Status and Consular Processing and assume that both options must be paid for or selected at the same time.

Real timelines named in the chats

Stage	Typically	Note
EB categories / I-485: waiting for an adjustment of status decision	about 1.5 years based on the average expectations discussed by participants	The messages referred to an average wait of about 1.5 years and to a displayed estimate of around 16 months.
Adjustment of Status: I-765 category C09 - EAD	about 2.1 months median	USCIS median statistics for fiscal year 2025 for I-765 C09 were cited as 2.1 months; this is an official aggregated median, not an individual experience.
I-485 in employment-based categories: biometrics after filing	about 1 month	For an adjustment of status filing, biometrics were noted about a month after the package was sent.
I-485 based on employment-based categories: adjustment of status - after filing Form I-693 medical exam	approximately 3-5 months	There are reports that when the medical exam was submitted with I-485, approvals occurred in 3-5 months, but this is not a guaranteed timeline and depends on the office and checks.
Employment-based (EB): waiting for the chance to file I-485 after the priority date	about 10 months	Messages mentioned waiting for the priority date to become current in the visa bulletin before filing adjustment of status.
Employment-based (EB): I-485 / adjustment of status after filing	from 3 to 18 months; median about 13 months	It was noted that individual approvals may happen in 3 months, but the wait is more often significantly longer.

Myths and reality

Misconception: An approved I-140 is often perceived as an almost finished green card or as the right to already be in the United States and work freely, especially if an EB-1A or EB-2 NIW case is approved.

In reality: An approved I-140 is only confirmation of the immigrant petition. By itself, it does not provide a green card, does not provide status in the United States, does not provide work authorization, and does not guarantee immediate approval of an I-485 or visa. Getting a green card requires the next step: adjustment of status through I-485 in the United States or consular processing through an embassy. If no visa number is available for the category, the I-485 may remain pending even after I-140 approval. You can work only if you have separate authorization, such as valid nonimmigrant status with work authorization, an approved EAD through I-765, or a green card already received.

Myth: If a date is available under Chart B, that means you can already receive a green card.

In reality: Chart B usually allows filing adjustment of status and sometimes obtaining related benefits, such as EAD/AP. For final green card approval, the date must be available under Chart A if that is the chart being used for visa issuance.

Myth: The Visa Bulletin backlog or lack of an available quota prevents filing I-140 under EB-1/EB-2.

In reality: Visa number unavailability usually does not prevent filing I-140. The priority date for EB-1/EB-2 is usually set by the date USCIS receives I-140, and the date needs to become current for the next stage - adjustment of status or an immigrant visa.

Myth: With concurrent filing in an immigrant category, work authorization and advance parole can only be issued after the main petition is approved.

In reality: If I-485 is filed properly and the category is current, EAD and advance parole may be issued based on the pending adjustment of status before the main petition is finally approved. However, the green card itself will not be approved without approval of the underlying petition and satisfaction of all other requirements.

Myth: H-1B is always issued immediately for 3 years.

In reality: H-1B may be approved for up to 3 years, but the actual period depends on the petition, the employer's documents, and agency discretion; the visa in the passport may also be issued for a shorter period.

Rules and tips from the chats

ruleTo apply for a green card through adjustment of status, it is important to be in lawful status and maintain it until the process is complete; one entry on a tourist visa is usually not enough for a long wait without additional action.
ruleSwitching from consular processing to AOS is theoretically possible based on an already approved petition, but it can involve delays and risks if the case has already moved through the consular process.
ruleAfter an immigrant petition is approved, it is important to distinguish between two paths: the consular process through DS-260 outside the US and adjustment of status through I-485 inside the US. The choice depends on your current location, status, visa availability, and personal risks.
ruleWhen filing adjustment of status, it is important to submit I-485 before losing lawful status, otherwise problems may arise in the later review.
ruleAn I-140 in immigrant categories can be filed while the applicant is outside the United States. However, adjustment of status through I-485 is available only when the applicant is in the United States and requires a separate review of current status, violations, and work authorization eligibility.
ruleWhen filing I-485, it is important to address travel outside the United States in advance: after filing for adjustment of status, leaving without advance parole can create a risk for the application, even if the applicant has a valid visa, so Form I-131 is often filed together with I-485.
ruleThe typical path after filing an immigrant petition includes petition review, waiting for the priority date to become current under the visa bulletin, further case processing, and an interview or adjustment of status.
ruleAn SSN usually becomes available after approval of work authorization or adjustment of status; actual receipt depends on card production and agency processing.

Cases from the community

O-1 -> EB-1A · highly skilled professional field, likely STEM · approved

The applicant was initially in the U.S. and changed status to O-1, then filed an EB-1A petition several months later. At the same time or earlier, a consular administrative review likely remained pending in connection with a visa issue.

What they did: Changed status within the U.S. to O-1, then filed EB-1A, and after approval filed the adjustment of status form within the U.S.

Questions and answers on the site

Distilled from the public community chats, anonymised; corpus as of June 2026. These are participants' observations, not legal advice and not USCIS statistics.

Sources

FAQ

Is filing I-485 inside the US banned?: No. Memo PM-602-0199 does not change eligibility for AOS; it tells the officer to weigh discretion more strictly and to treat bypassing consular processing as an adverse factor.
Does the memo apply to I-485s already filed?: The text has neither an effective date nor a clause on pending applications. The memo is addressed to officers deciding cases now.
Is H-1B or O-1 status enough to get AOS?: The memo acknowledges an exception for dual-intent categories but separately says lawful status in such a category is not sufficient on its own for a favorable decision. Visas are not listed by name in the text.
Has a court struck the memo down?: No. As of Sep 30, 2026 it is challenged in Soltanmohammadi v. Edlow (District of Colorado), with no ruling.

From community practice

An RFE is not a denial. Members note that a structured response with additional independent evidence often leads to approval.
A strong petition usually meets more than the required minimum of three criteria, with a margin on each - common advice in chats to reduce RFE risk.
What determines the strength of evidence is not the fact itself but its context: scale, selectivity and independent confirmation. This runs through almost every community case review.

Distilled from public community chats - observations, not legal advice.

From community discussions

«Formally, the consul's job is to physically verify that you're a sane person, that the biography in the petition really is yours, and that you're telling the State Department the truth.»
community member · from public community chats
«Judging won't carry much weight, of course. But for EB2 there are no strict evaluation criteria for the prong, so for good measure I think it'd fit. I wouldn't specifically arrange judging for EB2 NIW, of course. But if you already have it, then why not?»
Mikhail · from public community chats
«You can't file on your own behalf if you're the sole founder of the company. Your own company has to be the one filing for you.»
community member · from public community chats

Personal opinions of community members from public discussions, not legal advice.

More on the green-card path

The consular path (by city)

Reference information, not legal advice. Forms, eligibility and timing depend on your status - verify on uscis.gov.

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