Major Change to Adjustment of Status Process - Only Allowed in "Extraordinary Circumstances"
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 an application for 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 surely evolving) recommendations for filing...
ADJUSTMENT OF STATUS VS. CONSULAR PROCESSING
For context, there are two main ways to apply for the USA Green Card through a US Citizen Spouse:
I. The first is Consular Processing. Consular Processing is a 3 step process where the Immigrant interviews for their Green Card at a US Consulate abroad, typically in their home country. The 3 steps consisting of:
Step 1: I-130 Spouse Petition package filed within the USA with USCIS.
Step 2: Document submission to the NVC, including biographical and financial documents, as well as a Police Clearance Certificate from each country where the Applicant has spent significant time,
Step 3: The Consulate Interview, typically in the Applicant's home country.
II. The second main path to Green Card is "Adjustment of Status". Adjustment of status is a essentially a 2 step process filed within the USA, and during that time the couple remains together while the case is pending. The steps are typically:
Step 1: I-130 Spouse Petition along with the I-485 Green Card Application filed with USCIS within the USA (including the extensive list of supporting documents: biographical, financial and proof of relationship).
Step 2: Marriage Interview at a USCIS field office inside the USA.
The Adjustment of Status process is only possible where, among other things, two major factors are met:
(1) The marriage must be legal and legitimate. This is obviously a requirement for any spouse-based process!
(2) The most recent entry MUST BE legal. This means, for example, if a person entered the U.S.A. in a temporary status (such as ESTA, tourist, student, TN etc), upon entry at the US Border their intent must have TRULY matched their entry status. For example, if entering on a temporary status, their intent upon entry must have been to remain temporarily in the USA. The only way Adjustment of Status is permissible is if, at sometime AFTER this lawful entry, the foreign national's intent changes from temporary to permanent (a common example: their partner surprises them with a marriage proposal).
TODAY'S USCIS ANNOUNCEMENT: U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances. Release Date - 05/22/2026
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 surely evolving) recommendations for filing...
ADJUSTMENT OF STATUS VS. CONSULAR PROCESSING
For context, there are two main ways to apply for the USA Green Card through a US Citizen Spouse:
I. The first is Consular Processing. Consular Processing is a 3 step process where the Immigrant interviews for their Green Card at a US Consulate abroad, typically in their home country. The 3 steps consisting of:
Step 1: I-130 Spouse Petition package filed within the USA with USCIS.
Step 2: Document submission to the NVC, including biographical and financial documents, as well as a Police Clearance Certificate from each country where the Applicant has spent significant time,
Step 3: The Consulate Interview, typically in the Applicant's home country.
II. The second main path to Green Card is "Adjustment of Status". Adjustment of status is a essentially a 2 step process filed within the USA, and during that time the couple remains together while the case is pending. The steps are typically:
Step 1: I-130 Spouse Petition along with the I-485 Green Card Application filed with USCIS within the USA (including the extensive list of supporting documents: biographical, financial and proof of relationship).
Step 2: Marriage Interview at a USCIS field office inside the USA.
The Adjustment of Status process is only possible where, among other things, two major factors are met:
(1) The marriage must be legal and legitimate. This is obviously a requirement for any spouse-based process!
(2) The most recent entry MUST BE legal. This means, for example, if a person entered the U.S.A. in a temporary status (such as ESTA, tourist, student, TN etc), upon entry at the US Border their intent must have TRULY matched their entry status. For example, if entering on a temporary status, their intent upon entry must have been to remain temporarily in the USA. The only way Adjustment of Status is permissible is if, at sometime AFTER this lawful entry, the foreign national's intent changes from temporary to permanent (a common example: their partner surprises them with a marriage proposal).
TODAY'S USCIS ANNOUNCEMENT: U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances. Release Date - 05/22/2026
WASHINGTON—U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, 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. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” said USCIS Spokesman Zach Kahler.
“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”
MY CURRENT SUGGESTIONS FOR THOSE CONSIDERING THE U.S. SPOUSE BASED GREEN CARD PROCESS:
(1) Wait for clarity. This is a brand new policy, and as we have seen with the Trump Administration, sweeping policies are announced only to be redacted or narrowed days, weeks, or months later. If you are considering filing, one common sense approach would be to sit tight and wait for more clarity. Everyone, including Immigration Attorneys, is waiting to see who this applies to and how it will be implemented. For example: Does it apply to already pending cases? Can we trust that it does not apply to those on dual intent visas like H-1B's and L-1's? Does it apply to those who are "out of status" or "overstays" when the case was filed and therefore cannot leave the USA to Consular Process?
(2) Where possible, consider filing your I-130 Spouse petition for Consular Processing as opposed to Adjustment of Status. Concurrent with this suggestion, where possible, you may also want to extend your underlying temporary nonimmigrant status, usually prior to filing the I-130 for Consular Processing.
(3) If you have already filed, speak to an Immigration Lawyer before your interview to see what is currently happening at USCIS Marriage Interviews regarding this new policy. Ask what extra steps you can take to increase the chance of approval, such as what additional documentation you can bring to prove "Extraordinary Circumstances," if necessary.
