New USCIS Policy Limiting Adjustment of Status

On May 21, 2026, the U.S. Citizenship and Immigration Services (USCIS) announced a new policy memo stating that individuals seeking lawful permanent residence should generally depart the U.S. and pursue immigrant visa processing through a U.S. embassy or consulate abroad rather than through adjustment of status in the U.S. USCIS stated that the policy is consistent with longstanding immigration law and prior immigration court decisions and reflects a return to what the agency describes as the original intent of the law. Under the guidance, the adjustment of status is a discretionary form of relief that should be granted only in limited or extraordinary circumstances. As a result, individuals who are in the United States on temporary nonimmigrant visas and seek to obtain lawful permanent resident status may be expected to depart the United States and apply for immigrant visas from their home countries through consular processing. 

For more details, please consult the New USCIS Policy Limiting Adjustment of Status What you Need to Know client alert from Klasko Immigration Partners.