Green Card Rules Get Stricter for Brazilians Living in the U.S.

United States · Immigration

The new USCIS memo green card 2026 framework is a significant clarification of how officers will exercise discretion in Form I-485 cases, but it does not eliminate adjustment of status nor force Brazilians inside the United States to leave the country to apply.

What does the USCIS memo green card 2026 say?

United States Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199 on Thursday, May 21, 2026, titled “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.” The memo instructs adjudicating officers that adjustment of status (AOS) under Section 245 of the Immigration and Nationality Act has always been a discretionary benefit. The agency cited longstanding Board of Immigration Appeals and Supreme Court case law, including Matter of Blas (1974), Elkins versus Moreno (1978) and Patel versus Garland (2022).

The USCIS press release accompanying the memo declared the agency would grant adjustment of status “only in extraordinary circumstances,” but immigration attorneys quickly noted that exact phrase does not appear in the operative body of the policy memorandum. The memo formally directs officers to weigh whether applicants complied with the conditions of their nonimmigrant admission, any prior fraud or false testimony, family ties, immigration history, moral character and conduct after admission consistent with the purpose of their visa. Importantly, the memo expressly acknowledges that dual-intent visa categories including H-1B and L-1 remain compatible with adjustment filings.

What is adjustment of status?

Adjustment of status is the process that allows a person already physically present inside the United States to apply for permanent residence (a green card) using Form I-485, without leaving the country. The alternative is consular processing, in which the applicant travels to a United States consulate or embassy abroad, such as the consulate in Rio de Janeiro or Sao Paulo, and goes through the immigrant visa interview there. Both paths end with the same result, a green card, but adjustment of status is generally preferred because it avoids family separation and the risks of being denied re-entry.

For Brazilians, adjustment of status matters most in three common situations: a Brazilian married to a United States citizen who is currently inside the United States on any valid visa; a Brazilian professional sponsored by a United States employer through the H-1B work visa pursuing the green card; and a Brazilian student on the F-1 visa transitioning to a permanent path through marriage, employment or family. The new USCIS memo does not eliminate any of these pathways but signals that USCIS officers will examine more closely whether the applicant’s conduct inside the United States was consistent with the original purpose of their temporary visa.

What are immigration lawyers saying?

Immigration attorneys across the country have characterized the memo as a meaningful shift in tone rather than a fundamental change in law. The Boundless legal team noted that the memo “does not introduce new law” but instructs officers to “carefully weigh all relevant positive and negative factors” in each adjudication, while WR Immigration analysts said USCIS retains broad discretion and may deny cases even where the applicant otherwise meets the technical eligibility requirements. Practitioners expect more Requests for Evidence, more Notices of Intent to Deny and longer processing times in the months ahead.

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[QUOTE PLACEHOLDER: Murtaz Navsariwala (Murtaz Law) interview being arranged. Insert specific commentary on Brazilian-applicant exposure, especially F-1 students and B-1/B-2 tourist overstays seeking AOS through marriage, when interview is complete.]” The American Immigration Lawyers Association (AILA) has flagged litigation hooks against the memo on Administrative Procedure Act, due-process and ultra vires grounds, since adjustment of status is specifically authorized in the Immigration and Nationality Act as an alternative to consular processing.

What should Brazilians do now?

The first message from immigration counsel is caution, not panic. The right to file an I-485 when eligible has not been restricted, and existing pending applications continue under review, but the quality of the filing now matters more than it did six months ago. Applicants should build the discretionary record into the initial submission, with evidence of positive equities including tax compliance, family ties, community involvement, professional contributions and a clean immigration history.

Brazilians with pending or planned I-485 cases should consult an experienced immigration attorney before filing, since the new framework rewards careful framing and complete documentation. Rushing a filing to “get ahead” of the memo is not recommended, since there is no deadline written into PM-602-0199 that triggers different treatment for cases filed before or after a specific date. Brazilians on tourist (B-1/B-2) or student (F-1) visas considering adjustment should be particularly careful about whether their actions inside the United States have been consistent with the stated purpose of admission.

Frequently Asked Questions

Does the USCIS memo cancel pending green cards?

No. The memo does not retroactively cancel any pending green card application. However, USCIS officers may apply the new discretionary framework to currently pending cases as well as newly filed cases, meaning the same case may receive more rigorous scrutiny than it would have six months ago.

What is dual intent?

Dual intent is a legal doctrine under United States immigration law that allows certain temporary visa holders to also pursue permanent residence without contradicting the terms of their nonimmigrant status. The H-1B work visa and the L-1 intracompany transferee visa explicitly permit dual intent.

Should Brazilians leave the United States to apply?

No. The memo does not require applicants inside the United States to leave the country to apply for a green card. Adjustment of status remains a legal option authorized by Section 245 of the Immigration and Nationality Act.

Will the memo be challenged in court?

Immigration attorneys expect litigation against the memo on Administrative Procedure Act and due-process grounds. The American Immigration Lawyers Association has flagged the memo’s posture that it creates no enforceable rights as a litigation vulnerability that may be tested as denials begin to issue.

Does this affect VAWA or asylum applicants?

No. Non-discretionary adjustment pathways including Violence Against Women Act self-petitioners and certain humanitarian categories remain unaffected by the new memo, which addresses discretionary Section 245(a) cases.

Connected Coverage

The USCIS memo connects to the broader Brazil-United States policy context analyzed in our Brazil-US tariff negotiation coverage and to the regional macro backdrop in our Hormuz reopening framework coverage.