USCIS Announces That it Will Only Grant Adjustment of Status Under “Extraordinary Circumstances”
On May 22nd, 2026, United States Citizenship and Immigration Services (USCIS) made one of the most notable announcements of 2026: The Department of Homeland Security (DHS) will stop granting adjustments of status for most people. An adjustment of status is a key immigration strategy for countless people, and it allows you to pursue a green card while remaining in the United States. With this change, applicants may need to leave the country before continuing with the next phase of their immigration strategies. Can a Palm Beach Gardens immigration lawyer help you overcome this barrier?
You “Must Return” to Your Home Nation if You Want to Apply for a Green Card
The new announcement by USCIS makes it very clear that if you want to apply for a green card and you’re living in the United States temporarily, you must return to your home nation. Previously, the administration was willing to allow people to “adjust their status” while remaining in the country. This seems to be a thing of the past, and it may prove to be one of the most radical changes to immigration policy since the administration took office.
Why Is USCIS Doing This?
USCIS justifies this change by noting that if an applicant is rejected for an adjustment of status while living in the United States, they might “slip into the shadows” and become impossible to track down. With this new approach, immigration officials will no longer need to track down those who have failed to obtain green cards. The goal is to make the system “fairer and more efficient.”
Do I Qualify for Adjustment of Status Under Extraordinary Circumstances?
It is not exactly clear what qualifies as “extraordinary circumstances” under this new policy. However, the CATO Institute claims that asylum seekers, certain refugees, and those under the Cuban Adjustment Act can still apply for adjustment of status. Other than that, immigration officials can use their own discretion to determine whether a particular immigration case qualifies for adjustment of status under extraordinary circumstances.
On that note, the CATO Institute also makes the case that what USCIS is trying to do is completely illegal. As with so many other immigration policy changes under the current administration, we can expect legal challenges to this new policy. The courts will have to decide whether USCIS is interpreting existing immigration laws correctly.
Can a Palm Beach Gardens Immigration Lawyer Help Me?
A Palm Beach Gardens immigration lawyer may be able to help you pursue your green card goals, even if an adjustment of status has become impossible. While leaving the country to continue with your immigration strategy might seem like a daunting process, it may be the best way to secure a new home in the United States over the long-term. That said, you may be able to pursue alternative strategies that allow you to remain in the country. Discuss your options with The Devore Law Group today.
Sources:
uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary
cato.org/blog/dhs-quits-granting-green-cards-almost-entirely
