U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances

Kevin R. Johnson

22 May 2026 — 3 min read

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.

UPDATE (May 23):

FWD.us President Todd Schulte issued the following statement today after U.S. Citizenship and Immigration Services (USCIS) announced that many individuals living in the U.S. would now be forced to leave the country to get their green cards:

“Today’s announcement is a stark, deeply harmful, upheaval of more than 70 years of legislative, administrative, and judicial precedent. It will create chaos and impose massive costs on immigrants who have lived and worked legally in the United States for many years, as well as their spouses and children (many U.S. citizens), their communities, and the U.S. businesses who employ them. It is the newest effort in an all-of-government approach to trying to make America a cruel place for immigrants--a process that is hurting all Americans.

“The majority of people who are approved for green cards each year adjust their status from within the U.S., as provided under law since the 1950s. The Trump administration’s claim that this is a “return to the original intent of the law” is plainly false. This process was expressly created by Congress and has been affirmed multiple times over decades. This is another abuse of power that they are trying to dictate through press release rather than going through the legally required process. The lack of clarity around who is impacted is already causing panic and confusion.

“Forcing people, many who have already waited years, to leave the U.S. for processes that often take months and years will massively disrupt our legal immigration system; moreover, this administration seems intent to create more backlogs and delays by design. It will harm businesses who will lose critical workers for months or years and American families who will be separated from a spouse or parent indefinitely.”

Click here for the CNN report on the new CIS policy.

U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances

Kevin R. Johnson

Read more

Human Rights Watch – US: Victims of Nicaraguan Government Risk Deportation

The Conversation: US migrant flights to Liberia evoke troubling history of sending people deemed unwanted to the West African nation

Immigration Article of the Day: The Derivative Dilemma: The Gendered Role of Dependency in Immigration Law by Veronica Thronson

Department of Justice Files Complaint Against the University of Delaware Challenging In-State Tuition for Undocumented Residents