USCIS Announces Major Shift in Determining Eligibility for “Adjustment of Status” Applications

On May 22, 2026, the U.S. Citizenship and Immigration Services (USCIS) released a new policy memo that fundamentally changes how applicants may qualify to apply for lawful permanent residence - the process formally known as "adjustment of status." Understanding this shift is critical for any individual currently navigating, or planning to navigate, the immigration system.

What Is Adjustment of Status?

Adjustment of status is the process by which a person who is already living in the United States can apply to become a lawful permanent resident (Green Card holder) without having to leave the country and apply at a U.S. embassy or consulate abroad. For many years, this pathway has been commonly sought after by individuals on student visas, work visas, tourist visas, and other nonimmigrant statuses, as well as certain eligible foreign nationals who have overstayed in the United States.

What Did USCIS Change?

USCIS' new policy memo instructs immigration officers to grant adjustment of status only in extraordinary circumstances. In the vast majority of cases, individuals seeking a Green Card will now be directed to leave the United States and complete the process through consular processing at a U.S. embassy or consulate in their home country.

What Does "Extraordinary Circumstances" Mean?

The policy memo has not outlined a definition of extraordinary circumstances yet. USCIS officers are instructed to evaluate each case on a case-by-case basis, considering all relevant information. This means the outcome will depend heavily on the specific details of an individual's situation, and, critically, how well those details are presented and argued. This case-by-case basis does introduce a level of uncertainty. Without clear guidance on what qualifies as an extraordinary circumstance, applicants who try to navigate this process alone risk making costly mistakes.

Affected Parties

This policy change could affect a wide range of individuals currently living in the United States, including:

• F-1/Student Visa Holders
• H-1B Visa Holders
• B-1/B-2 Visa Holders
• L-1 Visa Holders
• O-1 Visa Holders
• Other temporary visa categories
• Certain classes of foreign nationals who have overstayed in the United States

It is important to note that there is no clear indication on how this policy will be applied for individuals who have already filed an adjustment of status application or have an approved 1-130 or I-140 petition.

Bottom Line

This is a rapidly evolving matter, and we are expecting more clarity in the coming days, including the possibility that this rule may face legal challenge from various affected parties. With much uncertainty surrounding adjustment of status petitions, it is imperative that individuals who are thinking about applying for legal permanent residence within the United States stay informed and up to date on all changes. Should you find that your immigration circumstance is affected by this policy change, we encourage you to reach out to the immigration department at Pasricha & Patel, LLC to speak to our immigration attorneys who can help you navigate the appropriate next steps.