USCIS 2026: Green Card Applications Must Be Filed Abroad
If you are on a temporary visa and were planning to apply for a green card from inside the US, stop and consult an immigration lawyer before taking any action. Do not leave the US or file any forms until you understand how this new policy applies to your specific situation. Immigration lawyers recommend acting quickly, especially if you have a pending application.
What happened
On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) released a new policy memo that affects millions of immigrants living in the US on temporary visas. The memo tells USCIS officers to stop approving most green card applications filed from inside the US. Instead, most people will need to leave the country and apply through a US consulate or embassy in their home country — a process called consular processing.
This change affects people on temporary visas such as student visas, tourist visas (like a B-2), and work visas (like an H-1B). USCIS says these visas were never meant to be a first step toward getting a green card. According to USCIS spokesman Zach Kahler, the agency is returning to what it calls the "original intent" of immigration law, which it says has been ignored for years.
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The memo does allow exceptions in what USCIS calls "extraordinary circumstances." Officers are told to look at each case individually. However, USCIS did not define what counts as extraordinary circumstances in its public announcement.
Who is affected
If you are currently in the US on a temporary visa — including a student visa, work visa, or tourist visa — and you were planning to apply for a green card from inside the US (a process called "adjustment of status"), this policy may block that path. USCIS says it wants those cases handled by the State Department at consulates abroad, not by USCIS inside the US. The agency also said this change will free up USCIS resources for other cases, including applications for victims of crime, naturalization applications, and other priorities.
What to do
- Do not file a green card application (Form I-485, the application for a green card from inside the US) without first speaking to an immigration lawyer. Filing under the wrong process may waste money or hurt your case.
- If you already filed Form I-485 and it is pending, lawyers recommend contacting an immigration attorney right away to understand how this memo may affect your case.
- Ask a lawyer whether you qualify for an exception under "extraordinary circumstances" before making any travel plans or decisions about leaving the US.
- Do not leave the US without legal advice if you have a pending application or any immigration issues — leaving may affect your ability to return.