USCIS recently announced stricter guidance for adjustment of status applications, raising concerns for immigrants applying for green cards from inside the United States. Many immigrant families are understandably worried after hearing headlines suggesting that “everyone who wants a green card must now apply from their home country.” For many people, especially those married to U.S. citizens, raising children in the United States, or living here for many years, the idea of leaving the country to complete the green card process can create fear and confusion. 

The most important thing to know right now is this: 

Do not panic, and do not leave the United States based only on headlines, social media posts, or rumors. 

A recent policy announcement from U.S. Citizenship and Immigration Services (USCIS) does represent a significant shift in how some green card applications may be reviewed. However, it does not automatically eliminate adjustment of status, and it does not mean that every immigrant must now leave the United States to apply for a green card abroad. 

What Did USCIS Announce about Green Cards? 

On May 21, 2026, USCIS issued a new policy memorandum stating that adjustment of status should be treated as a matter of discretion and “extraordinary relief,” rather than as a routine immigration benefit. The next day, USCIS publicly announced that adjustment of status will generally only be granted in “extraordinary circumstances.” 

This means immigration officers are now being instructed to more carefully examine whether someone should be allowed to complete the green card process from inside the United States instead of through a U.S. consulate abroad. 

USCIS stated that individuals in temporary immigration categories, including: 

• students,  

• tourists, and  

• some temporary workers, are generally expected to leave the United States and apply for immigrant visas through consular processing outside the country.

The agency says the purpose of the policy is to: 

• reduce visa overstays,  

• discourage people from remaining in the U.S. after denials, and  

• shift USCIS resources toward other priorities such as naturalization applications and humanitarian cases involving victims of crime or trafficking.  

What Is Adjustment of Status? 

Adjustment of status is the process that allows certain eligible people already inside the United States to apply for lawful permanent residence. This is commonly known as a green card (without leaving the country).Adjustment of status has always involved discretion and legal requirements. It has never been automatic. 

Applicants still generally must: 

• qualify under an eligible immigration category,  

• meet admissibility requirements,  

• have entered lawfully in many cases, and  

• satisfy other immigration rules.  

What Is Consular Processing? 

Consular processing is the process of applying for an immigrant visa through a U.S. embassy or consulate outside the United States. This has always been required for some applicants, especially those who are not eligible to adjust status inside the country. 

Under the new USCIS guidance, more applicants may now be pushed toward consular processing instead of adjustment of status. 

What Does “Extraordinary Circumstances” Mean? 

One of the biggest concerns is that the policy memo does not clearly define what counts as “extraordinary circumstances.” The memo does not provide a checklist or specific examples. Instead, it tells immigration officers to review cases individually and consider the “totality of the circumstances.” 

According to the memo, officers may look at factors such as: 

• prior immigration violations,  

• overstays,  

• fraud or misrepresentation,  

• compliance with visa conditions,  

• family ties in the United States,  

• immigration history, and  

• evidence of good moral character.  

The memo does specifically state that failing to leave the United States when expected may be considered a significant negative factor.  

What This Does Not Mean 

Despite alarming headlines, several important things have not changed: 

• Adjustment of status still exists under immigration law.  

• USCIS still accepts Form I-485 applications.  

• Not every applicant is automatically required to leave the United States.  

• Each case must still be reviewed individually.  

Most importantly, people should not assume that leaving the United States is the safest or best option. For some individuals, departing the country could trigger serious immigration consequences, including bars to reentry. 

What Should Families Do Right Now? 

If you or a loved one may be affected by this policy change: 

• Do not make major immigration decisions based on social media or rumors.  

• Do not leave the United States without speaking to a qualified immigration attorney or accredited representative.  

• Keep copies of immigration records, receipts, notices, and prior applications.  

• Attend all immigration court hearings and USCIS appointments.  

• Seek legal advice before filing new applications or traveling internationally.  

Every immigration case is different. A person’s options may depend on: 

• how they entered the United States,  

• family relationships,  

• prior immigration history,  

• unlawful presence,  

• pending applications, and  

• possible waivers or protections available under the law.  

NSLAC Is Here to Help 

At North Suburban Legal Aid Clinic, we know that immigration policy changes can create fear and uncertainty for families already facing difficult circumstances. 

Our team continues to monitor these developments closely and provide trusted legal information, advocacy, and support to immigrant communities. If you have questions about your immigration situation, seek individualized legal advice before taking action.