USCIS has announced a significant policy shift regarding the adjustment of status process, now categorizing it as an “extraordinary” form of relief. This change, effective May 22, 2026, alters how applicants can pursue a green card while remaining in the United States, indicating a preference for consular processing abroad.
Key Details:
- Effective date: May 22, 2026
- Adjustment of status now viewed as extraordinary relief
- Affects F-1 students, H-1B workers, and B-1/B-2 visitors
- Broader discretionary factors considered by USCIS officers
- Departing the U.S. for consular processing may trigger 3- or 10-year bars for some applicants
This policy change complicates the green card application process, emphasizing the need for legal guidance before filing.
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Source: Oltarsh & Associates, P.C.