[Spam] U.S. Citizenship and Immigration Services Will Grant 'Adjustment of Status' Only in Extraordinary Circumstances

Release Date 
05/22/2026

WASHINGTON—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.

https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigrati
on-services-will-grant-adjustment-of-status-only-in-extraordinary