On Friday, May 22, 2026, USCIS announced a new policy limiting the grant of adjustment of status as a matter of discretion. This new policy instructs USCIS officers to view the approval of an adjustment of status application (also known as Form I-485) as a matter of “administrative grace” to be granted only in “extraordinary circumstances.” Instead, USCIS states that foreign nationals should seek permanent residency through consular processing via the Department of State, which involves attending an immigrant visa appointment outside of the U.S.
Overall, USCIS asserts this policy update supports the notion that the adjustment of status process is ‘not designed to supersede the regular consular visa-issuing processes,’ and that those who enter as nonimmigrants (in temporary status) are expected to depart the U.S. in order to apply for permanent residency.
Notably, the policy does acknowledge that some nonimmigrant statuses allow for ‘dual intent’ allow an individual to apply for permanent residency within the U.S. while maintaining their nonimmigrant status. It is expected that these statuses, H-1B and L-1, are exempted from this new policy.
To date, how this new policy will be implemented remains unclear. USCIS has not confirmed if this new policy is already in effect, nor does it specify whether it will apply to pending Form I-485 applications. Imminent legal challenges to this new policy are also expected.
Background Information:
There are two main pathways for individuals applying for permanent residence (aka Green Cards): Adjustment of Status within the U.S., and Consular Processing, at a consulate abroad.
- Adjustment of Status is a procedure where someone who is already within the United States and eligible to apply for a green card can do so by filing a form I-485 with USCIS. This process does not require someone to leave the United States and is handled by USCIS, an agency within the Department of Homeland Security. Individuals who have applied for permanent residence by filing I-485 are in a period of authorized stay in the United States while the application is pending, and individuals can apply for interim work and travel permission.
- Consular Processing is a procedure where someone applies for their green card from a consulate outside the United States. After USCIS approves the underlying immigrant petition (form I-130 or I-140), USCIS sends the file to the Department of State. There are no interim immigration benefits to this process. The process culminates with a visa interview at a U.S. consulate abroad to apply for an Immigrant Visa.
What to Expect:
We anticipate USCIS to issue subsequent guidance with clarifying language as USCIS officers begin to implement this policy at the local level. An increase in Notices of Intent to Deny (NOID) and Requests for Evidence (RFE) addressing discretionary factors on pending cases are also expected.
If you have specific questions about your case or case strategy, we recommend connecting with qualified immigration counsel. HSE’s Immigration team is here to help.