USCIS Limits In-Country Green Card Adjustment to ‘Extraordinary Circumstances’
A new USCIS policy memo says most applicants must pursue a green card through consular processing abroad rather than adjusting status inside the U.S., with in-country adjustment reserved for extraordinary cases.
What USCIS announced
On May 22, 2026, U.S. Citizenship and Immigration Services issued a policy memo directing that, in most cases, noncitizens seeking a green card must complete the process through consular processing at a U.S. embassy or consulate abroad — not through adjustment of status (Form I-485) inside the United States. Officers are told to grant in-country adjustment only in "extraordinary circumstances," weighing each case on its facts. USCIS framed the memo as "returning to the original intent of the law," and spokesman Zach Kahler stated that "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."
Who is affected
The shift targets people who are in the U.S. temporarily — students, temporary workers, and visitors — who planned to move from a nonimmigrant status to a green card without leaving. Both employment-based and family-based applicants who expected to file Form I-485 domestically may now be steered toward consular processing.
Our analysis: what it means for applicants
This is a procedural change with large practical consequences, and how "extraordinary circumstances" is applied case-by-case will determine its real impact.
- Consular processing becomes the default. Applicants who assumed they could adjust status in the U.S. should plan for the possibility of traveling home to finish at a consulate — adding cost, time, and, for some, re-entry considerations.
- Timelines and risk change. Leaving the U.S. mid-process can raise issues for those with prior unlawful presence or complex histories, so getting the path right matters more.
- "Extraordinary" is undefined here. Because officers decide case-by-case, expect uncertainty until practice settles.
Given the significance, affected applicants should confirm their specific path before acting. We will follow how USCIS and the courts apply this memo.
Source
This is original commentary based on the source below, not legal advice. Confirm details with the official source.