The US Citizenship and Immigration Services (USCIS) announced on May 22, 2026, a new policy mandating most foreign nationals seeking permanent residency to apply for green cards through consular processing outside the United States, except in extraordinary circumstances [1, 2, 3, 4, 5].
Previously, many applicants, including spouses of US citizens and holders of temporary work visas, could adjust status while inside the US [6, 3, 7]. Under the new rules, temporary visa holders such as those on tourist (B1/B2) and student (F-1) visas will face heightened scrutiny when attempting in-country adjustments of status. USCIS issued a memo on May 21, PM-602-0199, emphasizing stricter discretionary review of such applications, considering factors like prior visa violations and intent to reside long term [7, 8, 5].
H-1B and L-1 visa holders, who have legally recognized dual intent, remain less affected but still face uncertainty due to the new discretionary approval process [7, 8, 5].
USCIS spokesman Zach Kahler said, "An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes" [2]. The policy aims to close loopholes that previously allowed some temporary visa holders to remain in the US illegally after denial of adjustment [1, 2, 3, 4].
Immigrant advocacy groups warn the changes could force vulnerable groups such as survivors of human trafficking and abused children to return to dangerous countries to complete green card processing. HIAS said the policy "forces survivors of human trafficking, abused and neglected children to return to dangerous countries they fled, to apply for green cards" [1]. Immigration lawyer Charles Cook called the policy a tactic "meant to delay the immigration process and make immigrants' lives so unpleasant that you have to leave the country" [6].
About 1 million green cards are issued annually in the US, with roughly half going to relatives sponsored by US citizens, many of whom currently apply from outside the US [1]. The policy change may disrupt hundreds of thousands of families, especially among Asian immigrant communities from India and the Philippines [9]. Some lawyers describe it as part of a broader attempt to restrict legal immigration implemented under previous administrations [1, 6, 3, 9].
The new requirements take effect immediately following the May 22 announcement, with USCIS applying the more stringent procedures to pending and future applications. The May 21 memo provided internal guidance on the heightened discretionary review for in-country adjustment requests [7, 8].
