USCIS Tightens Rules for Adjusting Status Within the U.S.

The U.S. Citizenship and Immigration Services (USCIS) has announced a significant policy shift that will make it more difficult for migrants to obtain permanent residency without leaving the country. The agency stated that adjusting status will now be considered an "extraordinary" benefit, and generally, foreigners seeking a green card will need to apply from their home countries through the traditional consular process.

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the adjustment of status will once again be considered an "extraordinary" benefit and that, as a general rule, foreigners who wish to access a green card must complete the process from their countries of origin through the traditional consular process.

This new guidance, detailed in a policy memo dated May 22, 2026, aims to reinforce the historical interpretation of federal law regarding status adjustments. While the specifics remain unclear for temporary visa holders like students, workers, and tourists, USCIS officials will now individually assess each case for "extraordinary circumstances" that justify granting this immigration relief.

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the adjustment of status was not created to replace the ordinary system of immigrant visas through U.S. consulates abroad.

USCIS spokesperson Zach Kahler asserted that the agency is returning to the original intent of immigration legislation. He explained that individuals entering the U.S. temporarily for specific purposes, such as tourism or study, should not use these visits as a pathway to permanent residency. The policy intends to prevent "loopholes" and reduce the number of individuals remaining in the U.S. unlawfully after facing immigration denials. By shifting more cases to consular processing, USCIS aims to streamline the process and ensure adherence to established immigration pathways.

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the agency seeks to return to the original intention of immigration legislation.

The agency also indicated that this move is designed to prevent "legal loopholes" and decrease the number of individuals who remain in the United States illegally after receiving an immigration denial. The temporary visa system was created for limited visits with specific objectives, not as an initial step toward permanent residency. This change will likely impact many individuals who were hoping to adjust their status while already in the U.S., potentially requiring them to navigate complex international application processes.

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people who temporarily enter the North American country and then seek a green card must return to their nations to start the migratory process, except in extraordinary cases.