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USCIS announces it will grant Adjustment of Status only in extraordinary circumstances

May 22, 2026

On 5/22/2026 USCIS announced a new Policy Memorandum related to the final step of the green card application process.

The guidance indicates that, with limited exceptions, individuals pursuing permanent residency will be required to complete the final step of the green card process through consular processing at a U.S. embassy or consulate abroad, rather than from within the U.S. through the Adjustment of Status (AOS) process.

Importantly, this guidance does not affect an individual’s eligibility for a green card. Instead, it addresses where and how the final step of the green card process may be completed.

At this time, the guidance leaves several important issues requiring further clarification from USCIS, including which categories of nonimmigrants, if any, may be exempt and whether the guidance will apply to applications that are already pending.

Employees with questions about their own pending AOS applications are encouraged to contact the immigration attorney handling their case.

We are monitoring this development closely and will update this page as more information becomes available.