USCIS Says It Will Approve In-Country Adjustment of Status Only in Rare Cases
Published May 22, 2026Effective May 22, 2026
USCIS issued a new policy memo stating that noncitizens in the United States seeking a green card must generally apply through consular processing abroad with the Department of State. In-country adjustment of status will now be granted only in extraordinary circumstances, decided case by case. The agency says the change restores the original intent of immigration law and frees up resources for other priorities.
Key points
- The policy is set out in a new memo directing USCIS officers.
- Nonimmigrants such as students, temporary workers and tourists are generally expected to return home and apply for a green card through a U.S. consulate abroad.
- Adjustment of status within the United States will only be approved in extraordinary circumstances, assessed on a case-by-case basis.
- USCIS says the change will let it focus more resources on cases like visas for crime and trafficking victims and naturalization applications.
- The announcement does not specify what qualifies as an extraordinary circumstance.
Who is affected
Noncitizens currently in the U.S. on nonimmigrant status who intend to seek a green card are affected.
What to do
Those planning to apply for adjustment of status should review the USCIS policy memo and consult an immigration attorney about how this may affect their case.
Full text
The complete official text was archived on this site on 2026-10-13. It stays available here even if the source link changes or is removed.
Release Date
05/22/2026
WASHINGTON—U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, 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. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” said USCIS Spokesman Zach Kahler.
“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”
For more information, see the policy memo to USCIS immigration officers.
For more information on USCIS and its programs, please visit uscis.gov or follow us on X, Instagram, YouTube, Facebook, and LinkedIn.
05/22/2026
Original title: U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances
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This summary was produced with AI from the official announcement. Only the official source is authoritative.