I-485 Adjustment of Status Blocked 2026: USCIS Tightening Green Card Applications
USCIS has announced a new policy that significantly limits who can apply for a green card while remaining in the United States, potentially forcing many applicants to pursue consular processing abroad.
The U.S. Citizenship and Immigration Services (USCIS) has issued a major policy update in May 2026 that restricts eligibility for Adjustment of Status (Form I-485), the process that allows certain foreign nationals to apply for lawful permanent residence without leaving the United States. This change marks a significant shift in how green card applications are processed and who qualifies to file domestically.
Under the new policy, categories of applicants who previously relied on parole or Temporary Protected Status (TPS) as a basis for filing I-485 may no longer be eligible to adjust status inside the U.S. These individuals would instead be required to depart the country and attend a consular interview at a U.S. embassy or consulate in their home country — a process known as consular processing — to obtain their immigrant visa.
For EB-3 applicants specifically, this policy could affect those who entered or remained in the U.S. through humanitarian parole or TPS and were planning to adjust status once their priority date became current. The practical implication is that these individuals may face the additional burden, cost, and risk of international travel to complete their green card process, including potential bars to reentry based on prior unlawful presence.
Immigration attorneys are advising affected clients to immediately review their immigration history and current status to determine whether they are impacted by this new restriction. Those with pending or soon-to-be-filed I-485 applications should consult with qualified legal counsel before taking any action, as the consequences of filing an ineligible application or departing the U.S. without proper advance parole could be severe.
This development adds further complexity to an already backlogged immigration system and underscores the importance of staying current with USCIS policy changes. EB-3 applicants and their sponsors should work closely with immigration attorneys to map out the most viable pathway to permanent residence given these evolving restrictions.
USCIS has issued a 30-day notice to extend, without change, the information collection for the Application for Civil Surgeon Designation (Form I-910), open for public comment until August 6, 2026.
A former USCIS Asylum Officer and ICE law clerk, now in private practice, hosts an AMA covering marriage-based green cards and K-1 fiancé visas, offering insider perspective on current risks and procedures.
USCIS extended TPS-related EAD expiration dates to July 10, 2026 for nationals of Haiti, Burma, Somalia, Yemen, Syria, Ethiopia, and South Sudan following the Supreme Court's Mullins v. Doe ruling affirming DHS's authority to terminate TPS designations.