Breaking News: U.S. Citizenship and Immigration Services will grant Adjustment of Status only in “Extraordinary” Circumstances.

If you have found this article, then you have heard the news that USCIS announced today, May 22, 2026, in a new policy memo, that they are requiring those who seek adjustment of status do so outside of the United States, by returning to their home country and finalizing the process through consular processing. Only in the event of extraordinary circumstances would one be able to adjust status from within the U.S.

USCIS claims they are “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….”

USCIS further takes the standpoint that “[n]onimmigrants, 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. This visit should not function as the first step in the Green Card process….The law was written this way for a reason, and despite the fact it has been ignored for years, following it will help make our system fairer and more efficient.”

PM-602-0199 (www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf)

The Immigration and Nationality Act specifically allows people who have entered the U.S. on a visa to apply for adjustment of status from within the United States under certain circumstances. There is a separate provision of the Act that allows the spouses, parents, and children of U.S. citizens to adjust their status even when their non-immigrant status has expired.

Furthermore, the Board of Immigration Appeals and the Courts have held that someone who is considered an immediate relative (spouse, parent, or child) of a U.S. citizen should be granted adjustment of status even if they initially entered the United States with a temporary visa.

USCIS is once again exercising discretion in a manner that is against the law and long-standing policy.

The recently released policy memorandum provides limited information. The memorandum directly conflicts with over sixty years of immigration law and court rulings. We anticipate litigation will ensue over this recently released memorandum.

We have seen unlawful policy memorandums released in the past and overturned. There are certain circumstances where this is enforceable under the laws as written; however, it is not enforceable for only “extraordinary” circumstances.

We will provide further updates as more guidance is provided on the policy memo, litigation is filed, and the outcome becomes clear.