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USCIS says it will approve adjustment of status only in “extraordinary circumstances.” What that means

A policy memo from May 2026 changed how USCIS treats green card applications filed from inside the United States. Here is what the agency actually said, who it affects, and who can help you understand your own situation.

Oliva Mendez-McKinzie
· Co-founder, Advocasí
September 7, 2026

What changed

“Adjustment of status” is the name for applying for a green card without leaving the United States. The alternative is “consular processing”: applying through a U.S. consulate in your home country.

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, and announced it the next day. In the agency's own words: “From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”

The memo describes adjustment of status as a matter of discretion and “an extraordinary relief.” It does not publish a list of what counts as extraordinary. Officers are told to weigh “all relevant factors and information” case by case.

Who this is about

The release names people who are in the United States temporarily: students, temporary workers, visitors. USCIS says most of those cases should now be handled by the State Department at consulates abroad.

The release does not say what happens to applications that were already pending when the memo came out, and it does not change the law itself. Congress writes the law; this memo is about how the agency uses its judgment within it.

What it does not mean

  • It does not mean every adjustment application will be denied. USCIS still receives and decides them.
  • It does not mean you should withdraw a pending case, travel, or file something new on your own. Those are decisions with consequences that depend on your record.
  • It does not change anything for people applying from outside the country.

What to do with this

If you or someone in your family has a green card application in progress, or was planning one, this is the moment to talk to someone who is allowed to give legal advice: a licensed immigration attorney or a DOJ-accredited representative at a recognized nonprofit. Many charge little or nothing. The organizations below are a starting point, and every city page on this directory lists more.

Advocasí is not a law firm. We explain what a policy says and help people prepare their own paperwork once a qualified advisor has told them which path applies. We do not decide which path that is.

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