The US Citizenship and Immigration Service announced on May 23, 2026, that most foreign nationals in the United States on temporary visas who seek permanent residency will generally need to return to their home countries to apply for a green card. USCIS spokesman Zach Kahler said the agency is returning to the original intent of the law and that applicants must seek consular processing abroad, ‘except in extraordinary circumstances.’
A new USCIS policy memo reiterates that, consistent with long-standing immigration law and court decisions, adjustment of status is normally handled through Department of State consular offices overseas. The memo directs USCIS officers to consider all relevant facts on a case-by-case basis when determining whether an applicant qualifies for an unusual form of relief that would allow filing from inside the US.
USCIS said the change is intended to curb misuse of nonimmigrant visa pathways and to reduce incentives for denied applicants to overstay and remain in the country illegally. The agency noted that nonimmigrants—students, temporary workers and tourists—come for a limited purpose and should leave when their visit ends; that visit should not serve as the first step in obtaining a green card.
Routing most adjustment cases through consular processing abroad, USCIS stated, will free limited agency resources to focus on domestic priorities it handles directly, such as visas for victims of violent crime and human trafficking, naturalization applications, and other enforcement and humanitarian responsibilities. The policy emphasizes following the statute and precedent while reserving narrow exceptions for truly extraordinary situations.