# USCIS Calls Adjustment of Status Rare > USCIS now directs most green-card seekers inside the U.S. toward consular processing abroad instead. What the new policy means for your case. - Source: https://carlosmaury.law/news/uscis-adjustment-of-status-extraordinary-circumstances-policy - Author: Carlos Maury Law - Published: 2026-05-22 - Topics: adjustment of status policy, USCIS extraordinary circumstances, consular processing, Form I-485 policy, green card from inside the U.S. On **May 22, 2026**, U.S. Citizenship and Immigration Services (USCIS) announced a **new policy memo** that could significantly change how many people pursue a **green card** — by treating **adjustment of status** (Form I-485) as an **extraordinary remedy** to be granted only in extraordinary circumstances, and by directing many applicants to apply through a **U.S. consulate abroad** instead. This article explains, in plain language, what USCIS announced and what it may mean. This is general information about a developing policy, not legal advice. You can read the official announcement directly at **[uscis.gov](https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary)**. ## What USCIS announced According to the agency's news release, USCIS issued a **policy memo to its immigration officers** stating that — "consistent with long-standing immigration law and immigration court decisions" — **noncitizens seeking adjustment of status must generally do so through consular processing via the Department of State, outside the country.** Officers are directed to weigh **all relevant factors on a case-by-case basis** when deciding whether an applicant warrants this "**extraordinary form of relief**." USCIS Spokesman **Zach Kahler** framed it this way: *"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."* The agency emphasized that **nonimmigrants** — students, temporary workers, and people on tourist visas — are admitted for a short time and a specific purpose, and said their visit "should not function as the first step in the Green Card process." USCIS said routing most cases to **consular processing** lets the State Department handle them abroad and frees USCIS resources for other priorities, including **visas for victims of violent crime and human trafficking** and **naturalization** applications. ## Adjustment of status vs. consular processing — a quick refresher There are two ways to obtain a green card: - **Adjustment of status** — applying on **Form I-485** to become a permanent resident **while staying inside the United States.** (See our guide: **[Form I-485, Adjustment of Status](/news/form-i-485-register-permanent-residence-adjust-status)**.) - **Consular processing** — applying at a **U.S. embassy or consulate abroad** and entering as a permanent resident. The new policy pushes more people toward the **second** path. Adjustment of status has **always been discretionary** under the law, and this memo directs officers to exercise that discretion narrowly for many applicants. ## Why this matters — and a critical caution Being sent abroad to consular process is not a small thing. For people who have accrued **unlawful presence** in the United States, **departing the country can trigger the 3-year or 10-year bars to re-entry** under the immigration law — bars that can separate families for years. That is why one of the most important points here is also the simplest: > **Do not leave the United States — and do not file or withdraw anything — based on this announcement without first getting individualized legal advice.** A move that seems to "follow the new rule" could, for the wrong person, trigger a bar that makes returning very difficult. The right path depends entirely on your **specific category, immigration history, and current status.** ## Important context - **This is a policy memo, not a change to the statute.** The underlying law (including **INA § 245**) still exists; what changed is the **guidance to officers** on how to exercise discretion. Some categories and circumstances are affected differently than others. - **It is a developing situation.** Agency policy memos can be clarified, revised, or challenged in court. Treat this as the current guidance **as of its date** and watch for updates. - **Pending cases and certain categories.** How this affects a **pending I-485**, an **immediate relative** of a U.S. citizen, or humanitarian categories is fact-specific — exactly the kind of question to bring to a lawyer rather than guess at. ## How we can help If you have a **pending green-card case**, were **planning to file** Form I-485, or are a **nonimmigrant** wondering how this affects your plans, this is the moment to get a careful, individualized assessment — **before** making any move. As a firm led by a **former U.S. Immigration Judge**, we help people understand where they stand under current policy, weigh adjustment versus consular processing, and avoid steps that could trigger a bar. If this announcement affects you, [contact us](/contact). ## Frequently asked questions ### What did USCIS announce on May 22, 2026? A policy memo directing its officers to treat **adjustment of status as an extraordinary remedy**, generally requiring people to pursue a green card through **consular processing abroad** unless they show extraordinary circumstances, decided case-by-case. ### Does this repeal adjustment of status? No. Adjustment of status under **INA § 245** remains in the law. The memo changes the **discretionary guidance** USCIS officers follow — it directs them to grant adjustment narrowly for many applicants and to favor consular processing. ### Should I leave the U.S. to apply from my home country now? **Not without legal advice.** For people with unlawful presence, leaving can trigger **3-year or 10-year re-entry bars.** Whether departure helps or harms you depends on your specific situation — talk to a qualified attorney first. ### Where can I read the official announcement? On the USCIS website: the [news release](https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary) and the referenced policy memo to immigration officers. This article is general legal information about a developing policy, not legal advice, and does not create an attorney–client relationship. It does not guarantee any outcome. Immigration policy can change quickly; confirm the current guidance at [uscis.gov](https://www.uscis.gov) and consult a qualified attorney about your specific situation before taking any action. --- *General legal information from Carlos Maury Law — not legal advice. https://carlosmaury.law/news/uscis-adjustment-of-status-extraordinary-circumstances-policy*