- USCIS issued memo P-M six zero two zero one nine nine on May twenty-one, twenty twenty-six, tightening adjustment of status rules.
- Applicants must now prove outstanding equities or hardship to avoid returning to their home countries for processing.
- The Fifth Circuit remains the most favorable jurisdiction for TPS holders seeking permanent residency via Form I-five twelve T.
USCIS tightened adjustment of status decisions on May 21, 2026, issuing PM-602-0199 and recasting the benefit as discretionary relief while leaving Form I-512T travel in place nationwide. The USCIS policy shift raised the hurdle.
USCIS spokesman Zach Kahler put the change in plain terms. He was blunt.
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“We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”
The agency had already changed the rule in 2022. The rule changed in 2022. On July 1, 2022, USCIS introduced Form I-512T, rescinded Matter of Z-R-Z-C-, and said TPS holders returning on the document counted as “inspected and admitted” for AOS under INA § 245(a). That mattered for filing Form I-485.
The May memo now demands more than paperwork. Applicants must show “unusual or even outstanding equities,” including severe medical issues or extreme family hardship, to avoid consular processing. The risk is real. Consular processing can trigger 3-year or 10-year unlawful presence bars.
The filing path still runs through different courts. The Fifth remains the widest opening. Texas, Louisiana and Mississippi sit under it, while Florida, Georgia and Alabama fall under the Eleventh. The Sixth, Eighth and Ninth matter too.
Circuit lines now split the path
| Circuit | Key authorities | Current posture |
|---|---|---|
| Fifth Circuit | Duarte v. Mayorkas (2022) | USCIS guidance says the ruling applies retroactively there, so even travel before I-512T existed can count as a valid admission for AOS. |
| Sixth, Eighth and Ninth Circuits | Flores v. USCIS, Ramirez v. Brown, Sanchez v. Mayorkas (2021) | Earlier favorable status-as-admission rulings were largely neutralized by Sanchez v. Mayorkas (2021); residents must use the I-512T travel mechanism to cure a prior entry without inspection. |
| Eleventh Circuit | May 2026 discretionary memo | Historically the most restrictive circuit, with practitioners saying the new memo is being applied strictly and many applicants are being redirected to consular processing. |
The Eleventh has been the hardest place for the path. Many cases there now turn on how sharply the local office reads the May memo. That reading is strict.
A separate court order briefly eased TPS pressure
A Massachusetts federal court put part of the fight on hold on July 21, 2026. In Venezuelan Association of Massachusetts v. USCIS, the court stayed portions of the One Big Beautiful Bill Act, or H.R. 1, that affect TPS work permits. The pause was temporary. The order gave affected people a brief reprieve.
