Today marks a major change in the long-standing policy regarding Adjustment of Status. In simple terms, this is the process of applying for Permanent Residency, or the "Green Card",  from within the U.S.A., as opposed to "Consular Processing" which is the application for a Green Card to be issued by a U.S. Consulate abroad. USCIS has announced that Consular Processing is now the default method to apply for the Green Card, and Adjustment of Status will no longer be granted except in "Extraordinary Circumstances". 

I have been practicing Immigration Law for over 19 years, and have regularly handled Adjustment of Status cases these past 2 decades. In fact, since starting my own practice in 2014, I have handled hundreds of Adjustment of Status cases filed by US Citizen Spouses, and have never received a denial. Adjustment of status allows a newly married couple to be together when their relationship is legitimate, and they are at the crux of building their lives and families together. The major problem with Consular Processing is that the Immigrant Spouse has no right to be within the USA while the case is pending, which can be up to around 1.5 - 2 years total at present. This keeps families apart and impedes a couple's prerogative of truly starting a permanent life together. 

Hours ago, out of the blue and with nearly zero clarity, USCIS has stated that Adjustment of Status in the USA will only be granted in "Extraordinary Circumstances". USCIS has not stated which groups this exactly applies to, which exceptions exist, how extraordinary circumstances is defined, what additional documents should be submitted for approval, nor how the policy will be implemented.

Read below for an explanation of the Adjustment of Status vs. Consular Process, as well as my current (but likely evolving) recommendations for filing...
 

On April 30, 2026, U.S. Citizenship and Immigration Services (USCIS) quietly added language to the March 30, 2026 update on Screening and Vetting. Under the Internal Review Process subheading, USCIS has added medical physicians to the group cases for which there is an internal process to lift holds for, as seen below.

Internal Review Process
USCIS established an internal process for lifting holds on individual or group cases, requiring comprehensive review by multiple offices. Holds have been lifted for aliens...

The Trump Administration has published an interim final rule on October 30, 2025, that eliminates the automatic extension of timely-filed work authorization applications. This rule will reduce the automatic 540-day work permit extension to 0 days effective October 30, 2025.

Form I-765 may be electronically filed for many categories, and everyone expected to rely on the 540-day extension may wish to consider doing so before October 30...

USCIS has announced that it will implement a stricter screening and longer test for Naturalization Applicants, effective for applications filed after October 20, 2025. 

Prior to cases filed after that cut-off date, the 2008 version of the Citizenship Testing materials will be used at all interview. However, for cases filed after the October 20th deadline, USCIS will be reimplementing the 2020 Naturalization Civics Test with some modifications. 

This 2025 Naturalization Civics Test will include fundamentals of American history and of the principles and form of the U.S. government. This notice does not change the English language parts of the naturalization test. This notice is effective on 9/18/25. USCIS will administer the 2025 Naturalization Civics Test to those who file their naturalization applications on or after 10/20/25. (90 FR 45047, 9/18/25) 

9/9/25  AILA Doc. No. 25090939.

WASHINGTON, DC – In response to the Supreme Court’s order temporarily allowing the Trump Administration to continue its indiscriminate immigration enforcement in Los Angeles, Ben Johnson, Executive Director of the American Immigration Lawyers Association (AILA), stated:

“This Supreme Court decision upends the U.S. Constitution’s guarantee that all Americans will be free from arbitrary targeting by law enforcement. It threatens to transform America into a ‘show me your papers’ nation where Immigration and Customs Enforcement can target and stop people because of the way they look, sound, work, or even where they are standing in public. Every American should be gravely concerned that the nation’s highest court has given a green light to racial profiling.  For generations, our Constitution has protected Americans from arbitrary government seizures—protections the Supreme Court has now swept away without explanation or legal reasoning.

Read more...

9/4/25  AILA Doc. No. 25090406.

WASHINGTON, D.C. – The American Immigration Lawyers Association (AILA) expresses its deep concern at the Trump Administration’s announcement that a benefits agency, United States Citizenship and Immigration Service (USCIS), will be training armed agents, reportedly “to look for fraud in immigration applications—and arrest the immigrants in question or the lawyers who helped prepare their petitions.”

Read more...

WASHINGTON, D.C. – As the American Immigration Lawyers Association (AILA) recognizes the thirteenth anniversary of the Deferred Action for Childhood Arrivals (DACA) initiative, AILA President Kelli Stump called on Congress to act in the following statement:

Continue reading here for more information on traveling as a student...

Washington, DC – Recently, the Trump Administration took steps to eliminate three important oversight bodies vital to the effective and accountable operation of the Department of Homeland Security (DHS): the Office of Civil Rights and Civil Liberties (CRCL), the Office of the Citizenship and Immigration Services Ombudsman, and the Office of the Immigration Detention Ombudsman (OIDO). American Immigration Lawyers Association (AILA) Executive Director Ben Johnson warned that these actions will weaken DHS and result in further abuses and unchecked exercise of power by the current administration:

"It is clear why...

As a result of the Trump Administration's increased border security measures, Green Card Holders (Lawful Permanent Residents) are being detained and questioned more frequently at US Ports of Entry (airports and land borders). This post provides information on common reasons for detention, procedures to follow if detained, and how to minimize risk for questioning at the Border.

Travel has always been a risk to status for Green Card Holders, especially those with criminal charges (even if dismissed), or those whose time in the USA fails to meet physical presence requirements (more on this below). Customs and Border Protection (CBP) Officers have the authority to question and detain Green Card Holders in "secondary inspection" if there are concerns regarding their immigration status. However, today, returning residents are facing increased questioning, and for new grounds such as...

President Trump signed a number of Executive Orders related to Immigration on his first day in office. One of the most profound is the Executive Order entitled "Protecting the Meaning and Value of American Citizenship". This Order reverses a longstanding law established in 1857 known as "Birthright Citizenship."  Birthright Citizenship means that...

Ever since the election, the most common question I get during consultations is "How is Immigration Policy going to change under Trump?"

The good news is that the American Immigration Lawyer's Association (AILA) just hosted a roundtable discussing these anticipated changes, focusing on family immigration. And for the bad news: the changes are going to make most filings more difficult. Here's how... 
 

USCIS has just released the following announcement. Applications are currently being accepted for "Keeping Families Together".

WASHINGTON—The Department of Homeland Security today announced a Federal Register notice to implement Keeping Families Together...

Information Regarding Parole-in-Place

On June 18, DHS provided the following information:

DHS will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens as described below...