U.S. Citizenship and Immigration Services (USCIS) has announced a significant policy shift regarding Adjustment of Status applications, stating that moving forward, applicants seeking lawful permanent residence from inside the United States should generally pursue immigrant visa processing through U.S. consulates abroad rather than adjusting status domestically.
The announcement has already created confusion and concern among immigrants, families, employers, and attorneys nationwide. However, it is important not to panic. This policy will almost certainly face substantial legal scrutiny and litigation, and there are still many unanswered questions regarding implementation, scope, and enforceability.
At the same time, applicants should realistically expect increased processing delays, additional scrutiny, and greater uncertainty while agencies and courts work through the impact of the new policy.
What Is Adjustment of Status?
Adjustment of Status (commonly called “AOS”) is the process that allows eligible individuals already inside the United States to apply for lawful permanent residence — a green card — without leaving the country.
For decades, Adjustment of Status has been one of the most commonly used immigration procedures in family-based immigration, employment-based immigration, asylum-related cases, and many humanitarian categories.
More information about Adjustment of Status is available directly from USCIS:
https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status
What Did USCIS Announce?
According to the USCIS announcement issued May 22, 2026, the agency is directing officers to treat Adjustment of Status as an “extraordinary” form of relief and states that most individuals seeking green cards should instead complete immigrant visa processing abroad through the U.S. Department of State.
USCIS specifically emphasized that temporary visa holders — including:
- Students (F-1 visas)
- Temporary workers (H-1B, L-1, O-1, etc.)
- Tourists (B-1/B-2 visas)
- Exchange visitors
- Other nonimmigrant visa holders
should not view entry into the United States as the “first step” in obtaining permanent residence.
The agency argues that consular processing outside the United States reflects the “original intent” of immigration law.
The Department of State immigrant visa process can be found here:
https://travel.state.gov/content/travel/en/us-visas/immigrate.html
Will Adjustment of Status Be Eliminated?
No — at least not at this time.
The announcement does not eliminate Adjustment of Status entirely. Instead, USCIS states that officers must evaluate whether applicants warrant this “extraordinary” relief on a case-by-case basis.
That distinction matters legally.
Congress specifically created Adjustment of Status under Section 245 of the Immigration and Nationality Act, and for decades courts have recognized USCIS authority to adjudicate these applications from within the United States.
Because Adjustment of Status is embedded in federal immigration law itself, any effort to dramatically restrict its use is likely to face immediate legal challenges.
Expect Litigation and Legal Challenges
This policy announcement will almost certainly be litigated.
Immigration attorneys, advocacy organizations, employers, universities, and affected applicants are expected to challenge the policy in federal court. Key legal questions will likely include:
- Whether USCIS has authority to narrow Adjustment of Status eligibility through policy memoranda
- Whether the policy conflicts with the Immigration and Nationality Act
- Whether the government can retroactively apply the policy to pending applications
- Whether the policy violates procedural or constitutional protections
As litigation unfolds, implementation may change rapidly.
What This Means for Pending Applications
At this stage, applicants with pending Adjustment of Status cases should not assume their applications are automatically denied.
However, delays are likely.
Applicants may experience:
- Longer adjudication timelines
- Additional Requests for Evidence (RFEs)
- Expanded background checks
- Increased interview scrutiny
- More case-by-case discretionary review
- Temporary pauses in adjudications while guidance develops
USCIS officers themselves will likely need additional internal guidance before applying the new standards consistently.
Family-Based and Employment-Based Cases Could Be Impacted
The potential impact extends across multiple immigration categories, including:
Family-Based Green Cards
Spouses of U.S. citizens, parents, children, and family preference applicants frequently rely on Adjustment of Status while remaining together in the United States.
Employment-Based Green Cards
Many professionals working in the U.S. on H-1B, L-1, O-1, TN, or other temporary visas adjust status through employer sponsorship.
Marriage-Based Cases
Marriage-based Adjustment of Status applications represent one of the most common immigration pathways currently used inside the United States.
Humanitarian Categories
Certain humanitarian applicants may also face uncertainty depending on future agency guidance.
Why This Creates Concern
One of the major concerns surrounding the announcement is practical reality.
Consular processing abroad often involves:
- Lengthy wait times
- Security screening delays
- International travel burdens
- Risk of visa denials overseas
- Potential triggering of unlawful presence bars
- Family separation concerns
- Employment disruption
For many applicants, Adjustment of Status has historically provided stability while allowing them to remain with family and continue employment in the United States.
Important: Do Not Make Travel Decisions Without Legal Advice
Applicants should not immediately leave the United States or abandon pending applications based solely on headlines or online commentary.
Immigration law is highly fact-specific, and the consequences of international travel can be severe depending on:
- Prior immigration history
- Visa overstays
- Unlawful presence
- Prior removal proceedings
- Criminal history
- Current nonimmigrant status
- Pending waivers or applications
Before making any travel or filing decisions, applicants should consult qualified immigration counsel.
What Applicants Should Do Right Now
For individuals with pending or future Adjustment of Status cases, practical steps include:
- Continue monitoring official USCIS updates
- Keep copies of all filings and notices
- Respond promptly to RFEs or interview notices
- Avoid unnecessary international travel without legal guidance
- Speak with an immigration attorney regarding case-specific strategy
- Prepare for possible delays and procedural changes
Adjudication Involving Discretion
If the applicant meets all of the other statutory and regulatory requirements, USCIS only approves the application if the applicant demonstrates that he or she warrants a favorable exercise of discretion.
An alien who meets the other eligibility requirements contained in the law is not automatically entitled to adjustment of status. The alien still has the burden of proving that he or she warrants a favorable exercise of discretion. To determine whether adjustment is warranted, an applicant should supply information that is relevant and material. Evidence of positive factors includes: family and community ties, immigration status and history, business, employment and special skills, community standing, and moral character.
If the officer finds that the alien’s positive factors outweigh the negative factors such that the alien’s adjustment is warranted and in the interest of the United States, the officer generally may exercise favorable discretion and approve the application. If the officer finds that the alien’s negative factors outweigh the positive factors, such that a favorable exercise of discretion is not warranted in the alien’s case, the officer must deny the application.
Our Perspective
At Wilner & O’Reilly, we understand that announcements like this create significant anxiety for families, employers, and individuals navigating the immigration process.
At this point, the most important thing is not to panic.
The law surrounding Adjustment of Status is well-established, and any major attempt to restrict it will likely face extensive federal litigation and judicial review. At the same time, applicants should prepare for slower processing and increased uncertainty in the near term while the legal landscape develops.
Speak With an Immigration Attorney
If you have a pending Adjustment of Status application or are considering applying for a green card from inside the United States, experienced legal guidance is more important than ever.
Contact Wilner & O’Reilly:
https://www.wilneroreilly.com/contact/
Read additional immigration updates on our blog:
https://www.wilneroreilly.com/blog
FAQ: USCIS Adjustment of Status Policy Changes
Is Adjustment of Status ending completely?
No. USCIS has not eliminated Adjustment of Status, but it announced that officers should treat it as extraordinary relief and apply greater scrutiny.
Will my pending Adjustment of Status application be denied?
Not automatically. However, applicants should expect possible delays and increased review.
Can USCIS legally restrict Adjustment of Status this way?
That question will likely be decided through litigation in federal court.
Should I leave the U.S. and apply abroad now?
Not without speaking to an immigration attorney first. International travel can create serious immigration consequences depending on your history.
Does this affect marriage-based green cards?
Potentially yes. Marriage-based Adjustment of Status applications could face additional scrutiny or procedural changes.
Does this affect employment-based green cards?
Yes. Many employment-based applicants currently rely on Adjustment of Status while working in the United States.
What is consular processing?
Consular processing is the immigrant visa process completed through a U.S. embassy or consulate outside the United States.
Where can I find official USCIS information?
USCIS updates are available at:
https://www.uscis.gov
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