In a sweeping new policy announced on May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) signaled that most green card applicants in the United States will now have to pursue consular processing abroad unless they qualify for “extraordinary” relief.
Adjustment of Status (AOS) – the in‑country green card process – has long been one of two primary pathways to lawful permanent residence. USCIS says it is simply returning to the original intent of immigration law, which envisioned consular processing as the default route for nonimmigrants seeking green cards.
We’ll explain what changed, why USCIS is doing this, and what it means for applicants.
Background to This Policy
Adjustment of status has been a well-established pathway for people already in the U.S. to obtain a green card without leaving the country. Under Section 245(a) of the Immigration and Nationality Act (INA), an applicant may have their status adjusted if they entered legally and have an available visa number.
However, it has always been “a matter of discretion and administrative grace,” not a guaranteed right. In other words, USCIS can approve or deny AOS applications even when statutory requirements are met.
The new USCIS policy memo and accompanying bulletin emphasize that Adjustment of Status was never meant to replace consular processing. USCIS notes that Congress treated AOS as an exception to the normal visa process abroad.
In announcing the policy, DHS/USCIS stated that, going forward, “an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances”. USCIS says this is not a change in law, but a reaffirmation of existing law and precedent – essentially a reminder to officers that consular processing abroad is the rule.
However, this policy is a significant change in practice. In recent years many spouses, workers, and others in the U.S. have routinely adjusted status in-country. The memo makes it clear that such approvals are now meant only for truly exceptional cases.
While USCIS frames the shift as a return to the law’s intent, applicants and lawyers have been taken aback by how sharply the balance has been tilted toward consular processing.
How USCIS Discretion May Be Applied
Under the new guidelines, every AOS application will be reviewed with much closer scrutiny. USCIS officers are directed to “consider all relevant factors and information on a case-by-case basis” to determine if approving Adjustment of Status is appropriate.
The memo itself reminds officers that AOS is discretionary and “extraordinary” in nature. In concrete terms, this means both negative factors and positive equities in an applicant’s situation will be weighed.
On the negative side, USCIS will look carefully at any violations of immigration law. For example, officers will check for past or current fraud in the visa or immigration process, any misuse of status(such as working without authorization or holding one visa status while secretly pursuing a green card in violation of visa terms), and any failure to maintain lawful status or depart when required.
In fact, the memo explicitly advises that an applicant’s failure to leave at the end of their authorized stay is a serious adverse factor, especially if it appears they planned to remain permanently without consular processing. USCIS also instructed officers to document this review: denials based on unfavorable discretion now must include a written analysis of both the positive and negative factors.
On the positive side, applicants can still point to significant equities in their favor. USCIS will consider things like family and community ties in the U.S., length of lawful residence and continuous status, employment history, community service, and any hardship to the applicant or loved ones if the application is denied. A history of U.S. service (like military service or other contributions) or strong employment ties may also count.
The big change is this: merely having no negative factors is not enough. The new policy stresses that an applicant needs “unusual or even outstanding equities” to overcome any adverse factors.
Simply qualifying technically (with a visa number and admissibility) no longer guarantees approval. Even lawful dual-intent nonimmigrants (H-1B, L-1, etc.) will still need to demonstrate why they merit approval; the memo acknowledges dual intent but warns that status alone won’t suffice.
In practical terms, expect that USCIS will issue Requests for Evidence (RFEs) or interview questions probing why you didn’t go consular and what positive factors justify your case.
If you have strong reasons (medical needs, urgent U.S. support obligations, etc.), be prepared to document them thoroughly. USCIS may also focus on questions like whether you could have applied overseas, ties overseas, and what bar to reentry you might face if you left.
What Counts as an “Extraordinary Case”?
USCIS hasn’t provided a precise checklist of what qualifies as “extraordinary,” which leaves some uncertainty. The memo itself mainly says that AOS approval is reserved for cases where granting it is in the “best interest” of the United States under compelling circumstances. The key phrase in the memo is that unusual or outstanding equities are required to overcome any negative factors.
By implication, ordinary cases – like a student or worker who entered with a visa and later got married – will likely not meet this high bar unless there are other compelling reasons. Extraordinary might include severe health emergencies, evidence of serious danger if sent back, or perhaps cases where leaving the U.S. would trigger harsh legal bars to reentry (for example, a prior unlawful presence bar). Immigration advocates are watching whether USCIS will clarify this.Officers will likely ask why you cannot process at a consulate, so applicants should be ready to explain any exceptional hardship or legal issues.
Importantly, USCIS itself expects to issue further guidance. The American Immigration Lawyers Association (AILA) notes that USCIS “will issue further guidance on how this policy will be applied,” and that it is already anticipating litigation on this policy. In practice, “extraordinary” is a case-by-case judgment. Until USCIS spells it out, applicants and attorneys must prepare for worst-case.
Does the Policy Eliminate Adjustment of Status?
No. Adjustment of Status remains a legal option for eligible applicants – USCIS has not abolished it. Rather, the policy memo makes approval discretionary and rare.
USCIS spokesmen and experts have emphasized that the memo does not prohibit filing an AOS application. It only affects the decision phase.
In fact, the memo and USCIS guidance repeatedly stress that the statutory criteria in INA §245 remain the same. The change is purely in how officers apply discretion. In technical terms, USCIS acknowledges that if you meet the eligibility rules, you can still apply (even pending applicants can keep their cases alive). However, you now must overcome a higher threshold.
In short, think of it this way: USCIS now sees AOS as an “extraordinary relief” that you must earn with compelling circumstances, rather than a routine benefit. But the path remains open for those who can meet that standard.
What Else Does the Policy Say?
Aside from the high-level shift, the policy memo covers a few important details:
- Scope: The policy applies to most family- and employment-based AOS categories, including diversity visas, where consular processing is the norm. It specifically excludes certain statutory programs where AOS is mandatory and not discretionary. For example, refugees adjusting after one year, and immigrants under NACARA (Central American Relief) or HRIFA (Haitian Refugee Fairness) are unaffected.
- Dual Intent: USCIS reaffirms that holding a dual-intent visa (like H‑1B or L‑1) is not incompatible with applying for AOS. But the memo clarifies that maintaining status, by itself, doesn’t guarantee approval. The officer will still assess the totality of your history.
- Written Decisions: Going forward, the memo requires that any denial based on the exercise of discretion must include a detailed written explanation of the positive and negative factors. This transparency could help applicants understand why their case was refused and could assist in appeals.
- Agency Rationale: USCIS has publicly framed the policy as a resource management move. The agency claims this frees up USCIS to focus on other priorities (like asylum, crime victims, and naturalization) and encourages nonimmigrants to follow the system “as intended”. It also argues that requiring consular processing reduces the chance that visa denials are ignored and people “slip into the shadows”. Critics say this rationale ignores the human cost.
- Legal Challenges: The policy is already drawing legal scrutiny. For example, AILA released a policy brief warning that this new emphasis on discretion “raises significant legal, policy, and practical concerns”. It’s a developing situation: applicants should stay tuned for any clarifications or court decisions.
In sum, the memo makes no changes to law or fees, but it changes USCIS’s internal approach. It is effective immediately (see next section), and applies to any cases already filed or filed from now on.
When Does the Policy Take Effect?
According to USCIS, the new policy is already in effect as of the memo’s release. Because it is a restatement of “longstanding” policy, USCIS says it applies immediately to pending and new cases. That means if you filed an I-485 before May 22, 2026, the officer reviewing your case will use this higher scrutiny standard.
Officers may issue RFEs asking for more evidence of positive factors or question why you did not apply through a U.S. consulate. If your case is scheduled for interview, be prepared to address these new concerns in person.
The AILA notes that USCIS will likely provide further guidance soon, but meanwhile, applicants should not assume any grace period. If you intend to file an AOS, do so knowing the memo is in place. Those already in the U.S. awaiting a green card may want to review their options for consular processing now, in case it becomes necessary.
In short: The policy took effect immediately on publication and is being applied to current cases. Stay informed of USCIS announcements, and expect that your case may take longer or be sent abroad unless you qualify as “extraordinary.”
What This Means for You (Next Steps)
We know this announcement can be overwhelming. If you were hoping to finish your green card process inside the U.S., you’re probably frustrated and worried. Rest assured, many applicants are in the same boat. The most important thing now is to stay calm and plan your next steps carefully.
- Review Your Case: Talk to your immigration lawyer (if you have one) as soon as possible. Review your eligibility: are you in a category still affected by the policy? Do you fall under one of the exempt categories?
- Gather Evidence: If you decide to stick with Adjustment of Status, prepare to show your strongest positive factors. Gather documentation of your U.S. family ties, long-term residence, employment, community service, or any special circumstances. Letters from employers, doctors, community leaders, or family members can help illustrate why your case is exceptional.
- Consular Processing Option: Consider whether it makes sense to pursue consular processing abroad. In many cases, applicants could choose to leave the U.S. and attend a green card interview at a U.S. consulate in their home country. This route may ultimately be faster now that AOS is disfavored. However, think carefully – leaving the U.S. triggers re-entry rules and may incur additional wait times or bars, depending on your status history. If you have overstayed or violated status, consular processing could also be risky due to potential reentry bars.
- Prepare for RFEs or Interviews: If your I-485 is pending, watch for any new USCIS requests for information. Be ready to respond quickly. In an interview, you may be asked why you can’t go consular and what in your background justifies staying. Answer honestly but confidently, emphasizing facts.
- Know Your Tolerance for Risk: Every case is different. If you have vital reasons to stay in the U.S. (family needs, job offers, ongoing studies), discuss these with your attorney. On the other hand, if you have flexibility to travel, consular processing could reduce uncertainty.
- Emotional Impact: This policy may cause stress – families facing separation and career plans thrown off-track. We understand. For now, focus on facts and next steps. Remember that AOS is still possible if your situation is truly compelling.
The takeaway is that you need to look beyond just processing time. Faster consular processing may sometimes become the “safer” route, but in some cases staying for AOS could make sense if your equities are strong. It depends entirely on your goals and circumstances.
Below, our head immigration attorney Anne Sedki shares her thoughts on what this policy means for applicants.
Our Immigration Expert’s Take
“Imagine finally reaching the last step of your green card process after years of waiting, only to be told you must leave the United States, abandon your job, separate from your family, and risk being unable to return.
As an immigration attorney, I find the new USCIS policy requiring adjustment of status applicants to return to their home countries for immigrant visa processing deeply alarming. Adjustment of status exists because Congress intended eligible individuals already in the U.S. to complete the process here, without unnecessary family separation and disruption to their lives.
This policy does not just create inconvenience. It threatens jobs, separates families, interrupts stability, and places thousands of people into uncertainty after years of following the legal process. For some, leaving the U.S. could even trigger bars to reentry or lengthy consular delays abroad.
Immigration law should not punish people who complied with the system. Behind every case is a family, a career, and a future hanging in the balance.
I fully expect this policy to face significant legal challenges and litigation in federal court in the near future.”
– Anne Z. Sedki, Managing Attorney, The Law Offices of Anne Z. Sedki
Attorney Sedki’s words capture the very real anxieties clients are feeling. No one should have to choose between their green card dreams and keeping their life intact. Our office is closely watching court developments on this issue.
Key Takeaways
- Adjustment of Status Is Still Allowed, But Rare. USCIS will now treat in‑country green card applications as “extraordinary relief”. Only applicants with compelling, unusual circumstances are likely to succeed.
- Consular Processing is the Default. Nonimmigrants in the U.S. are generally expected to return to their home countries and apply for their green cards at a U.S. consulate, per USCIS’s new policy.
- Higher Scrutiny on Each Case. Officers will balance positive vs. negative factors in each application. Even lawful status (like H-1B) alone no longer guarantees approval.
- No Legal Ban – But a Tougher Battle. The memo does not change the law or ban filings. You can still apply if eligible, but you’ll need extraordinary evidence to succeed. Technical eligibility by itself isn’t enough.
- Immediate Effect. The policy took effect immediately (May 2026) and applies to pending and new cases. If your I-485 is pending, prepare for added questions or RFEs.
- Seek Legal Guidance. Given the uncertainty, consult an experienced immigration attorney. You’ll need help deciding whether to pursue AOS or switch to consular processing, and how to build the strongest case under this new standard.
If you have questions about how this USCIS policy affects your green card plans, or if you need help preparing your application or response, don’t wait. Call The Law Offices of Anne Z. Sedki today.
Our experienced immigration attorneys in New York and New Jersey serve clients nationwide. We can review your unique situation and advise the best course of action – whether it’s proving your case for AOS or guiding you through consular processing. Immigration law is complex and always changing, but you don’t have to navigate it alone. Reach out now to schedule a confidential consultation.
The Law Offices of Anne Z. Sedki
At The Law Offices of Anne Z. Sedki, our immigration practice has helped clients with every stage of the green card process. We know New York and New Jersey law, and we know USCIS policy inside and out.
Whether you need to adjust status here or apply overseas, our team is here to provide personalized guidance. Don’t let confusion and delays derail your life plans.
Contact us – our skilled attorneys are ready to answer your questions and help you understand your options under this new policy.
Disclaimer: This blog is for general information only and is not legal advice. If you have an immigration case, please consult a licensed attorney about your specific circumstances.
