U.S. Mandates Foreign Green Card Processing
USCIS new adjustment of status policy 2026
In a sweeping policy shift announced Friday, May 22, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a directive requiring most foreign nationals living in the United States on temporary visas to return to their home countries to complete their green card applications.
The new guidance, detailed in a policy memo from the agency, frames the “adjustment of status” process—which currently allows applicants to seek permanent residency from within the U.S.—as an “extraordinary” form of relief rather than an automatic right.
USCIS spokesperson Zach Kahler stated that the move is intended to return the immigration system to its “original intent,” asserting that temporary visas are designed for short-term stays rather than serving as a primary pathway for permanent residency.
Under the new guidelines, USCIS officers are instructed to direct most applicants to consular processing via the Department of State in their home countries. The agency emphasized that this change is designed to close what officials describe as “loopholes” in the system, potentially reducing the number of individuals who remain in the U.S. while their applications are pending.
While the memo allows for “extraordinary circumstances” and notes that existing “dual intent” visa categories will be evaluated on a case-by-case basis, legal experts warn that the directive marks a significant escalation in the administration’s efforts to curtail legal migration.
Immigration attorneys have raised alarms that the change could affect hundreds of thousands of people, including students, temporary workers, and humanitarian parolees who previously relied on the domestic adjustment process.
The administration’s shift has drawn sharp criticism from advocacy groups, who argue that the policy will create immense logistical and personal hardship for applicants. Conversely, federal officials maintain that shifting these cases to consular offices abroad will free up limited USCIS resources to focus on other high-priority categories, such as naturalization and visas for victims of violent crime.
As the policy takes immediate effect, applicants are being urged to consult with legal counsel regarding the potential impact on their pending petitions and future residency prospects.
