USCIS Limits Adjustment of Status Only to Extraordinary Circumstances in New Policy Memo
On 05/22/2026, the USCIS (aka U.S. Citizenship & Immigration Services) put into circulation a new policy memo stating that if an applicant seeks adjustment of status, they will have to do the same through consular processing via the Department of State outside of the Country. The USCIS memo also suggests that this policy is consistent with long-standing immigration law and court decisions in general.
The agency has further instructed the officers to consider all factors and review each case on a case-by-case basis in determining whether an alien could be considered for the status change.
What exactly is the full implication of this rule? And, who is going to be affected by the introduction of this memo?
Here, our eb1a experts have presented a full breakdown of this policy in detail.
Do you have to apply for a green card from your home country now on?
An immediate consequence of the memo, as the legal language goes, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. In other words, from now on, an alien on a temporary visa in the U.S. must return to their home country to apply if they are seeking permanent residency or a green card. However, in the statement of USCIS Spokesperson Zach Kahler, there is a provisional exception in extraordinary circumstances (which is to be decided by the adjudication officers on a case-by-case basis). Here is the full comment made by Zach Kahler:
“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.
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.”
You can notice in the abovementioned comments that the emphasis is placed on students, temporary workers, or people on tourist visas; i.e., F-1, J-1, F-1 OPT, and so on. Hence, it remains a question whether this policy memo will apply to visa categories like H-1B, O-1, EB-2, and so on.
What did our lawyer friends and EB1A attorneys tell us about this policy memo?
For a more detailed assessment of this policy memo, our EB1A consultants turned to our lawyer friends and legal associates. Communications from the EB1A attorneys at Manifest Law have enriched us the most. According to Manifest immigration attorney Ana Gabriela Urizar, the new policy memo also subtly indicates that applicants and practitioners may need to present a more comprehensive picture of their professional contributions in the United States when applying for a green card. She also noted that adjustment of status is an established pathway for dual-intent immigration categories (i.e., categories that already presuppose the possibility of permanent residency).
Manifest Law’s analysis of the policy memo has provided a very interesting insight: it is at the adjudication officer’s discretion to either adjust inside the US or to deport for consular processing (the latter acting as an adverse factor). Hence, it falls on the applicant to minimize the adverse factor through showcasing “unusual or even outstanding equities”, including sustained contribution to the United States. In other words, simply having or maintaining a dual-intent visa category may not be enough to offset the adverse factor.
At GCEB1, we are staying updated on all the latest developments in the U.S. immigration landscape. If you are looking to file for an adjustment of status, we strongly suggest contacting our EB-1A attorney network. You need both consultancy and legal counseling in handling the adverse factor introduced in the USCIS policy memo. We wish you a safe and stress-free immigration journey.
Sources & Further Readings
- Anderson, Stuart.“Immigration Service May Significantly Restrict Green Cards In The U.S." Forbes, May 22, 2026.
- “U.S. Citizenship and Immigration Services Will Grant Adjustment of Status Only in Extraordinary Circumstances." May 2026.
- “USCIS Policy Memorandum: Adjustment of Status (05/22/2026)." May,2026.
