USCIS Restricts Adjustment of Status — Green Card Applicants Now Required to Apply From Abroad

In a sweeping policy announcement, U.S. Citizenship and Immigration Services issued a formal memorandum on May 22, 2026, directing officers to grant adjustment of status only under “extraordinary circumstances” — a dramatic departure from decades of practice that allowed many immigrants already in the United States to apply for a Green Card without leaving the country.

Under the new directive, most nonimmigrant visa holders — including students on F-1 visas, temporary workers on H-1B visas, and visitors on tourist or business visas — will now be required to return to their home countries and apply for lawful permanent residency through consular processing at a U.S. Embassy or Consulate abroad, rather than filing internally through USCIS via Form I-485.

Who Is Affected?

The change primarily impacts individuals currently in the United States on temporary visas who had planned to transition to permanent residency through an internal adjustment of status filing. Affected visa categories may include, but are not limited to: F-1 student visas, H-1B and L-1 employment-based work visas, B-1/B-2 tourist and business visas, and K-1 fiancé visas.

USCIS officers are instructed to evaluate cases individually when determining whether an applicant qualifies for the narrow “extraordinary circumstances” exception, though the agency has not yet publicly defined what meets that threshold.

What USCIS Says

The agency framed the change as a return to the original design of U.S. immigration law, stating that consular processing — handled by the Department of State — was always the intended pathway for most Green Card applicants. Officials argued that liberal granting of adjustment of status created system inefficiencies, incentivized unlawful presence after residency denial, and diverted limited USCIS resources away from higher-priority cases. The agency stated the new policy will allow USCIS to better focus on processing visas for victims of violent crime, human trafficking petitions, and naturalization applications.

What Happens Next?

Immigration attorneys and advocacy organizations have already begun raising concerns about the real-world consequences of this policy, particularly for long-term residents who have lived and worked in the United States for years and face significant risk if required to return abroad. Federal legal challenges are anticipated, which could pause or alter implementation. However, until a court intervenes, this policy is in effect.

If you or a family member may be affected by this new USCIS policy, do not wait. The stakes are too high to navigate this alone. Our immigration team at Banker’s Hill Law Firm, APC is ready to review your case and guide you through your options.