In a major policy shift that will affect thousands of immigrants currently in the United States, USCIS announced on May 22, 2026, that it will only approve adjustment of status applications in "extraordinary circumstances." This change means most people seeking green cards will now have to apply through consular processing at U.S. embassies or consulates in their home countries, rather than adjusting their status while remaining in the United States.
What Is Adjustment of Status and Why Does This Matter?
Adjustment of status is the process that allows eligible individuals already in the U.S. to apply for a green card without leaving the country. This pathway has been widely used by employment-based visa holders (like H-1B workers), family-based petitioners, and others who are legally present in the United States.
Under the new policy, USCIS officers must now consider adjustment of status as "extraordinary relief" and evaluate each case individually to determine if circumstances warrant allowing someone to remain in the U.S. while their green card application is processed. The agency states this returns to the "original intent" of immigration law, which was designed for temporary visitors to leave the country when applying for permanent residence.
Who Will Be Affected by This Change?
This policy change will impact several categories of immigrants:
- H-1B workers and other employment-based visa holders seeking permanent residence through their employers
- Family-based petitioners who are in the U.S. on temporary visas while their spouse, parent, or child sponsors them
- Students on F-1 visas who hoped to adjust status after finding employment
- Other temporary visa holders including tourists, exchange visitors, and others seeking to change their status
According to USCIS spokesperson Zach Kahler, the policy aims to prevent people from using temporary visits as "the first step in the Green Card process" and to redirect resources toward other priorities like victim visas and naturalization applications.
What This Means for Consular Processing
With adjustment of status severely limited, most green card applicants will now need to go through consular processing. This means:
- Leaving the United States to attend interviews at U.S. consulates abroad
- Potentially facing longer separation from family members in the U.S.
- Risk of being subject to bars on re-entry if they have accrued unlawful presence
- Additional complexity and potential delays in the immigration process
What You Should Do
If you currently have an adjustment of status application pending or were planning to file one, this policy change could significantly affect your case. Here are some immediate steps to consider:
- Review your current status: Understand how this policy might affect your pending or planned applications
- Evaluate extraordinary circumstances: Determine if your case might qualify under the new "extraordinary circumstances" standard
- Consider timing: If you haven't filed yet, you may want to consult with an immigration attorney about your options
- Prepare for consular processing: Begin gathering documents and understanding requirements for applying abroad
Given the complexity of this policy change and its potential impact on your immigration journey, it's crucial to get professional guidance tailored to your specific situation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Immigration law is complex and constantly changing, and individual circumstances vary greatly.
If you have questions about how this policy affects your case, contact AKT LAW, LLC at (781) 488-0315 or book a consultation at aktimmigration.com. Our experienced team can help you navigate these changes and develop the best strategy for your immigration goals.