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ARTICLE · 21 MAY 2026

USCIS Issues Policy Guidance Regarding Adjustment Of Status Applications

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A new USCIS policy memorandum fundamentally changes how foreign nationals can obtain Green Cards while in the United States, potentially requiring many applicants to return to their home countries for consular processing instead of adjusting status domestically.

United StatesImmigration
Matt J. Mauntel-Medici
Matt J. Mauntel-Medici
Steffi S. Lee Dwyer
Steffi S. Lee Dwyer

According to a new policy memorandum issued by the U.S. Citizenship and Immigration Services this week, individuals who are in the United States temporarily and applying for lawful permanent residence (commonly referred to as a “Green Card”) may need to return to their home country to do so. This is in stark contrast with the commonly available path to remain in the U.S. to live and work while the Green Card application is reviewed and adjudicated. 

This memorandum signals a significant policy shift that will likely lead to greater scrutiny of applications, increased risk of denials, and more applicants being directed to pursue immigrant visas through U.S. consulates abroad.

What is Adjustment of Status and How Does This New Policy Affect the Process?

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