Tax History May Now Count in Green Card Decisions: What Applicants Should Know

News reports published today say USCIS may now look more closely at tax records when it decides green card applications. Many people with pending cases, and their families, are asking whether unpaid taxes or unfiled returns could slow down or block an approval. Here is what we could confirm, and what is still unclear. The main background is a USCIS policy memo dated May 21, 2026, numbered PM-602-0199. It treats adjustment of status, the process for getting a green card without leaving the United States, as a discretionary benefit. In plain terms, an officer may look at your whole situation, not only whether you meet the basic rules. Law firm reviews of the memo say it does not change the law and does not create new forms or fees. Tax history is a related but separate topic. In August 2025, USCIS issued policy memo PM-602-0188 about good moral character for people applying for citizenship. That memo lists compliance with tax obligations among the positive factors officers consider. It applies to naturalization, not directly to green cards. It also does not, according to commentary we reviewed, require that every dollar of tax debt be paid before filing. Officers review each case and can consider the reasons behind a tax problem. The news reports go further. They say unpaid taxes, unfiled returns and outstanding payments could count against green card applicants, and could also affect later citizenship applications. We were not able to confirm that the May memo names taxes as a specific factor in green card decisions. So please read these reports as a reason to check your records, not as a confirmed new rule. What this means for you: If you have a green card case pending, or you plan to file one soon, it may help to gather your tax papers now. Look at your federal and state returns for the last several years. If a return showed a balance due, find out whether you have a payment plan and keep proof of every payment. If you did not file a required return, do not guess and do not leave anything out. Speak with a tax professional and an immigration attorney before you send anything new to USCIS. Keep copies of everything you submit. Several questions remain open. USCIS has not said how many years of tax history it will review for green cards. The May memo does not give a date when in-country green card filings will stop, and it does not explain how cases already in process will be handled. Official updates usually appear on uscis.gov, and formal rules are published in the Federal Register. Check those sources, and do not rely only on social media posts or news headlines. If you have a tax problem, an old filing gap, or a case that could be affected by the May memo, talk to an immigration attorney. A qualified attorney can review your full history and explain your options based on your facts. You can also use the case status tool on this site once you have your receipt number, so you can keep track of any changes to your case. This article is general information, not legal advice. Sources: Mintz: USCIS Issues Clarification of Policy Memo Regarding Discretionary Nature of Adjustment of Status: https://www.mintz.com/insights-center/viewpoints/2806/2026-06-01-uscis-issues-clarification-policy-memo-regarding Morgan Lewis: USCIS Issues New Policy Memorandum on Adjustment of Status: https://www.morganlewis.com/pubs/2026/05/uscis-issues-new-policy-memorandum-on-adjustment-of-status USCIS Policy Memorandum PM-602-0188: Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation: https://www.uscis.gov/sites/default/files/document/policy-alerts/08.15.2025-Restoring_a_Good_Moral_Character_Evaluation_Standard_for_Aliens_Applying_for_Naturalization-Policy_Memorandum_FINAL.pdf US green card applications face new tax scrutiny; unpaid dues could affect approval and US citizenship: https://www.inkl.com/news/us-green-card-applications-face-new-tax-scrutiny-unpaid-dues-could-affect-approval-and-us-citizenship Photo: Kit (formerly ConvertKit) on Unsplash