USCIS said it will grant adjustment of status only in extraordinary cases, signaling a major shift toward having most green card seekers apply through U.S. consulates abroad. The agency announced the change on May 22, 2026, in a new policy memo and public bulletin.
U.S. Citizenship and Immigration Services (USCIS) issued guidance instructing officers to treat adjustment of status (the process of applying for a green card from inside the United States) as discretionary relief reserved for exceptional situations. The agency emphasized case-by-case review and said applicants generally should pursue immigrant visas through the State Department outside the country rather than remain in the U.S. to adjust. A USCIS spokesperson framed the move as a return to the law’s design and said defaulting to consular processing reduces incentives to overstay after a denial. Consular processing becomes the default path, with limited exceptions.
Adjustment of status has long been available under Section 245 of the Immigration and Nationality Act, but it is not guaranteed. USCIS policy has consistently described approval as a discretionary decision based on the totality of the circumstances. The new memo reiterates that standard while recalibrating how officers weigh the fact that an applicant seeks to finalize permanent residence from within the U.S. rather than abroad. The bulletin, released from Washington on May 22, reinforces that officers must review all relevant evidence and that extraordinary circumstances will guide favorable outcomes.
The shift is poised to change how employers, families, and foreign nationals plan status transitions. Steering more cases to U.S. consulates could affect timelines, travel planning, and case strategy, particularly for students and temporary workers who previously expected to complete the process domestically. Officers will decide cases individually, but the bar for an in‑country green card approval is now higher by design.
USCIS said officers will continue making discretionary determinations on a case-by-case basis, weighing whether approval is warranted under the new framework. The agency’s memo and bulletin did not enumerate specific qualifying scenarios, and no statutory eligibility changes were announced. Applicants with pending or planned filings should review their options in light of the updated guidance and prepare for consular processing to be the norm absent extraordinary facts.
Disclaimer: This article is for general information only and is not legal advice.