USCIS: Green Card Applicants Must Now Apply From Abroad
Millions of immigrants living in the US on temporary visas have long been able to apply for a green card without leaving the country. On May 22, 2026, USCIS changed that. A new policy memo tells officers to treat inside-the-US green card applications as rare exceptions — not the norm.
On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) released a major policy memo. It tells immigration officers to stop approving most green card applications filed from inside the United States. Instead, people on temporary visas — students, tourists, H-1B workers — will generally need to leave the US and apply through a US consulate in their home country.
What the new policy says
The process of applying for a green card from inside the US is called "adjustment of status" (Form I-485). USCIS now says this is "an extraordinary form of relief" — meaning it should be rare, not routine. Officers must look at each case individually, weighing factors like family ties, moral character, and immigration history. The policy took effect immediately and applies to both new and already-pending applications. USCIS has not announced a specific deadline after which people can no longer file from inside the US, but the shift is already in place.
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USCIS spokesman Zach Kahler said the goal is to return to what the law originally intended. He argued that letting temporary visa holders apply for a green card without leaving the US has acted as a "loophole" and has encouraged some people to stay illegally after being denied. The agency says moving most green card cases to State Department consulates abroad will free up USCIS resources for other priorities — including work permits for crime victims, naturalization applications, and other cases.
Importantly, this policy does not ban adjustment of status entirely. It does not change who is legally eligible for a green card. But it does mean that officers now have much stronger guidance to deny inside-the-US applications unless there are truly exceptional circumstances. Immigration lawyers warn this could affect hundreds of thousands of people currently waiting for a green card decision inside the US.
What to do
- If you have a pending I-485 (green card application inside the US): Do not ignore it. Contact an immigration lawyer as soon as possible to understand how this policy may affect your specific case.
- If you are planning to apply for a green card: Talk to an immigration attorney before filing Form I-485. You may now need to apply through a US consulate in your home country instead — a process called "consular processing."
- Do not leave the US without legal advice first. Leaving while a green card application is pending can have serious consequences, including being barred from returning.
- Keep records of all your immigration documents — visa stamps, I-94 records, approval notices — in case you need to show your immigration history to an officer.
Fishkin Law Firm, New York
This memo gives officers broad discretion to deny adjustment of status applications that would previously have been approved as a matter of routine. If you have a pending I-485, you should request a legal review immediately — officers may now issue a Request for Evidence or denial based on this new guidance, and you need to be prepared to show why your case qualifies as an extraordinary circumstance. Do not assume your case is safe just because it was filed before May 22, 2026; consult a licensed immigration attorney to assess your options.