Quick Summary: USCIS announced on May 22, 2026, that it will generally require people in the United States on temporary visas to pursue a green card through a U.S. consulate outside the country. USCIS says it will approve adjustment of status in the United States only in extraordinary circumstances, based on the facts of each case. If you have a pending or planned immigration matter, it is important to understand which process may apply to you.

What USCIS Announced

U.S. Citizenship and Immigration Services, known as USCIS, has announced a new policy direction for people seeking permanent residence in the United States.

According to the announcement, a person who is in the United States temporarily and wants to apply for a green card will generally need to leave the country and complete the process through a U.S. consulate. This is called consular processing.

USCIS says that adjustment of status inside the United States will be available only in extraordinary circumstances. The agency says its officers will review all relevant information in each case when deciding whether that type of relief is appropriate.

Two Terms to Know

This update uses two important immigration terms. Understanding them can make the announcement easier to follow.

Adjustment of status is the process of applying for a green card while remaining in the United States. Under the new USCIS policy statement, this option is intended to be limited to extraordinary circumstances.

Consular processing is the process of applying for an immigrant visa through the Department of State at a U.S. consulate outside the United States. USCIS says this will be the usual path for people who are in the country temporarily and want permanent residence.

In plain language, the announcement says that many applicants may need to complete their green card process abroad rather than applying from inside the United States.

Who the Announcement Discusses

The USCIS announcement focuses on people who are in the United States temporarily, also called nonimmigrants. It gives examples such as students, temporary workers, and visitors with tourist visas.

USCIS states that temporary visitors come to the United States for a specific purpose and for a limited period of time. The agency says a temporary stay should not serve as the first step in the green card process.

The announcement does not say that every person’s situation will be handled the same way. Instead, it says officers will consider the relevant facts and information on a case-by-case basis when evaluating whether extraordinary circumstances exist.

What “Extraordinary Circumstances” Means in This Update

USCIS uses the phrase “extraordinary circumstances” to describe when adjustment of status may still be granted inside the United States. The announcement does not list specific examples or create a simple checklist for those circumstances.

For that reason, it is important not to assume that a person qualifies—or does not qualify—based only on a general description. USCIS says its officers will make these decisions by reviewing the information in the individual case.

For anyone considering a green card application, the key point is that adjustment of status is described as an exceptional option under this policy. Consular processing is described as the standard route for temporary visitors seeking permanent residence.

Why USCIS Says It Is Making This Change

USCIS says the policy is consistent with long-standing immigration law and immigration court decisions. The agency says it is returning to what it describes as the original intent of the law: applicants seeking permanent residence should generally apply through a U.S. consulate outside the country.

The announcement also says that using consular processing may allow USCIS to focus its resources on other types of cases. USCIS specifically mentions applications involving victims of violent crime and human trafficking, naturalization applications, and other agency priorities.

Whether a person is applying as an individual, planning around a family immigration matter, or managing a temporary employee’s immigration plans, process and timing can be important. This USCIS update makes it especially important to understand whether a case may need to move through the Department of State instead of USCIS.

Practical Steps to Take

If this announcement may relate to you, start by identifying the type of immigration status you currently have and the immigration benefit you are planning to seek. Temporary status, a green card application, and consular processing are different parts of the immigration system and may involve different government agencies.

Next, review whether your matter is pending, planned, or still at an early stage. USCIS describes this policy as one that affects the availability of adjustment of status for people in the United States temporarily. Because the agency says decisions will be made case by case, it is important to look at the details of the particular matter.

Employers and HR professionals may also want to be aware of this development when discussing immigration planning with temporary workers. This update concerns the process for seeking permanent residence, and USCIS says consular processing will generally be required for the group described in its announcement.

FAQ

Does this mean everyone must leave the United States to apply for a green card?

The USCIS announcement says people in the United States temporarily who want a green card must generally use consular processing outside the country. It also says adjustment of status may be granted in extraordinary circumstances after a case-by-case review.

What is the usual process USCIS describes?

USCIS describes consular processing through the Department of State at a U.S. consulate outside the United States as the usual process for the people addressed in the announcement.

Can someone still request adjustment of status in the United States?

USCIS says adjustment of status may be available only in extraordinary circumstances. The announcement says officers will consider relevant facts and information in each individual case.

Does the announcement explain which facts count as extraordinary circumstances?

No. The announcement says decisions will be made case by case, but it does not provide a detailed list of qualifying circumstances.

Where can I learn more about the policy?

USCIS directs readers to its policy memo for immigration officers. Ventresca & Ventresca LLP monitors immigration updates from USCIS and the Department of State and can help clients understand how a government update may relate to a pending or planned matter.

If this USCIS update may affect your pending or planned immigration matter, contact Ventresca & Ventresca LLP to request a consultation. Our responsive Pennsylvania attorneys can help you review the information relevant to your situation and discuss next steps.