USCIS TIGHTENS THE RULES FOR OBTAINING A GREEN CARD FROM WITHIN THE UNITED STATES

On May 21, 2026, USCIS published a new policy memorandum on Adjustment of Status — the process that allows certain applicants to obtain a green card without leaving the United States.

The key point of the memorandum is that Adjustment of Status is not an automatic right. It is a decision USCIS makes at its discretion after reviewing the totality of the circumstances. This process allows an applicant to obtain lawful permanent residence from within the United States without going through the standard consular process abroad.

USCIS emphasizes that even if a person formally meets the basic eligibility requirements, that alone does not guarantee approval.

The applicant must show why a favorable decision should be granted in their specific case.

If consular processing is available — meaning the applicant can obtain an immigrant visa through a U.S. consulate abroad — USCIS will treat that as the ordinary process. Adjustment of Status from within the United States will be viewed as an exception to that standard path.

This is especially important for individuals who are in the United States temporarily, such as those on tourist, student, work visas, or parole. USCIS states that these applicants are generally expected to leave the country once the purpose of their entry has been completed or their authorized period of stay has expired.

When reviewing a case, officers will consider all relevant circumstances, including immigration history, compliance with status, potential violations, family ties, moral character, and other positive and negative factors.

Importantly, the absence of violations alone does not mean that Adjustment of Status should be approved.

If a person is in the United States in lawful status under a dual intent category — such as H-1B or L-1 — filing for Adjustment of Status is not considered a violation of, or a contradiction to, that status. However, even dual intent status does not guarantee a favorable decision.

What does this mean in practice?

It does not mean that all applicants must now leave the United States.

But obtaining a green card from within the country should no longer be viewed as a simple or automatic path. Officers will more closely evaluate why a particular applicant deserves a favorable decision without going through consular processing.

According to USCIS, the new policy is intended to reduce incentives to remain in the United States after a denial, lower the number of individuals without lawful status, and redirect agency resources toward priority categories of applicants.

The main takeaway: obtaining a green card from within the United States will now be more dependent on the specific facts of each case. Immigration strategy should be assessed in advance, taking into account the applicant’s status, immigration category, and potential risks.

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