U.S. Citizenship and Immigration Services has announced a major policy shift affecting many green card applicants who are currently inside the United States. On May 22, 2026, USCIS stated that it will grant adjustment of status only in extraordinary circumstances, emphasizing that many applicants should pursue immigrant visa processing through the U.S. Department of State at a U.S. embassy or consulate abroad.
Adjustment of status, commonly filed on Form I-485, is the process that allows certain individuals physically present in the United States to apply for lawful permanent residence without leaving the country. USCIS’s public Form I-485 guidance continues to describe adjustment of status as the process for applying for a green card while present in the United States, while noting that people outside the United States must obtain an immigrant visa abroad through consular processing.
What USCIS Announced
USCIS announced a new policy memorandum instructing officers that adjustment of status should be treated as an extraordinary form of relief. According to USCIS, officers must consider all relevant facts and information on a case-by-case basis when deciding whether an applicant warrants adjustment of status.
The policy memorandum, PM-602-0199, is 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 memorandum states that adjustment of status under INA § 245 is discretionary and is not intended to replace the regular immigrant visa process through consular processing.
USCIS’s announcement specifically refers to temporary visa holders, including students, temporary workers, and visitors, and states that a person in the United States temporarily who wants a green card must return to their home country to apply, except in extraordinary circumstances.
Why This Matters
The Immigration and Nationality Act provides that certain applicants who were inspected and admitted or paroled into the United States may be adjusted to lawful permanent resident status, in the discretion of the government, if they apply for adjustment, are eligible for an immigrant visa and admissible, and an immigrant visa is immediately available.
This means statutory eligibility alone may not end the analysis. USCIS is emphasizing that adjustment of status involves discretion. The agency’s current policy position is that USCIS officers should treat adjustment as an exception to the ordinary immigrant visa process, rather than as the default pathway for eligible applicants inside the United States.
USCIS regulations also identify categories of applicants who are ineligible to apply for adjustment of status, unless a statutory or regulatory exception applies.
What Is Consular Processing?
For applicants who must proceed through consular processing, the Department of State’s National Visa Center generally becomes involved after USCIS approves the immigrant petition. The NVC requests fees and documents and holds the case until an immigrant visa interview can be scheduled at a U.S. embassy or consulate.
At the immigrant visa interview, a consular officer interviews the applicant and determines whether the applicant is eligible to receive an immigrant visa.
What Applicants Should Consider Now
This USCIS announcement may affect individuals who are preparing to file Form I-485, have a pending adjustment application, or are deciding between adjustment of status and consular processing.
Applicants should review:
- Their current immigration status and status history;
- Whether they qualify to file or continue Form I-485;
- Whether any discretionary issues may affect their case;
- The risks of leaving the United States for consular processing;
- Whether family, employment, medical, humanitarian, or other facts may support an argument for extraordinary circumstances.
Because USCIS has instructed officers to review adjustment requests case by case, applicants should not assume that eligibility alone will be sufficient. A complete legal review is especially important before filing Form I-485, withdrawing a pending case, traveling internationally, or switching to consular processing.
