USCIS 2026 Policy Alert: Adjustment of Status Only in Extraordinary Circumstances

U.S. Citizenship and Immigration Services has issued a significant policy shift that will directly impact thousands of green card applicants currently in the United States. Under the new guidance, USCIS will only approve Adjustment of Status (Form I-485) petitions in what the agency defines as 'extraordinary circumstances,' marking a dramatic departure from prior practice where eligible applicants could adjust status while remaining in the U.S. This change effectively redirects the majority of green card applicants — including EB-3 employment-based applicants — toward consular processing, meaning they would need to depart the United States and attend an interview at a U.S. embassy or consulate in their home country. For many applicants with pending cases, this represents a significant procedural disruption and potential personal hardship. For EB-3 applicants specifically, this policy shift introduces new uncertainty and risk. Leaving the U.S. for a consular interview could trigger bars to reentry for individuals with prior periods of unlawful presence, and the logistics of consular processing timelines are generally less predictable than domestic adjudication. Applicants with approved I-140 petitions and pending I-485 cases should consult with an immigration attorney immediately to assess their individual risk profile. The policy appears aligned with broader 2026 enforcement trends in which USCIS and the Department of Homeland Security have moved to tighten discretionary benefits and increase overseas adjudication. The May 2026 memorandum underlying this change signals that the agency views Adjustment of Status as a discretionary benefit to be granted sparingly rather than as a standard processing option. Applicants are strongly advised to review their case status, pending travel plans, and any existing advance parole documents with qualified legal counsel before taking any action. Those with imminent interview notices or travel abroad should seek guidance as soon as possible given the evolving policy landscape.