U.S. Citizenship and Immigration Services Announces It Will Grant Green Cards in the U.S. Only in “Extraordinary Circumstances”
Pabian Law Clients and Friends,
We wanted to make you aware of a major immigration policy announcement issued by U.S. Citizenship and Immigration Services (USCIS) on May 22, 2026 that could significantly impact the green card process for many foreign nationals currently inside the United States.
What Is Adjustment of Status – And Why Does This Matter?
There are generally two ways an individual can apply to obtain a green card (also called “permanent residence”):
- Adjustment of Status
This is the process where an eligible individual applies for permanent residence while remaining inside the United States. This process is handled by USCIS.
- Consular Processing
This is the process where an individual applies for an immigrant visa through a U.S. Embassy or Consulate abroad and then enters the United States as a permanent resident.
For many foreign nationals, Adjustment of Status has historically been the preferred option because it allows applicants to remain in the United States with their families, continue working legally, avoid international travel risks, and often avoid triggering certain immigration bars or inadmissibility concerns.
Under the new USCIS announcement, however, the government stated that Adjustment of Status should now only be granted in “extraordinary circumstances,” and that consular processing abroad should generally become the primary path to obtaining permanent residence. Although Adjustment of Status is still available and has not been eliminated, this new widened discretion and scrutiny would make Adjustment of Status applications significantly more difficult in most cases.
This is an enormous shift in immigration policy.
The Problem: “Extraordinary Circumstances” Is Completely Undefined
One of the biggest issues with this announcement is that USCIS provided almost no guidance regarding what actually qualifies as “extraordinary circumstances.”
At this stage, there are virtually no specifics that help to answer:
- What types of cases would qualify;
- How officers are expected to apply discretion;
- Whether certain visa categories will be treated differently;
- How this policy will affect already pending applications; or
- Whether exceptions will exist for employment-based or family-based cases.
Quite frankly, this appears to be another extremely rushed and poorly defined policy rollout with very little operational guidance accompanying it. We expect – and hope – that USCIS will issue substantial clarification in the coming weeks as the Administration fields questions from attorneys, employers, advocacy groups, and the courts.
This Will Almost Certainly Be Litigated
We want to emphasize that this policy announcement is far from settled law. There is still a tremendous amount of uncertainty surrounding this announcement, and we expect substantial legal challenges in the coming days and weeks. In fact, the American Immigration Lawyers Association (AILA) has already publicly indicated that litigation is expected, and many immigration attorneys across the country have expressed serious doubts about whether this policy will ultimately withstand court scrutiny.
Congress created Adjustment of Status through statute, and many legal experts believe USCIS cannot simply redefine it as an “extraordinary” benefit without formal rulemaking or congressional action. Because of this, there is a very real possibility that portions of this policy may ultimately be blocked, delayed, narrowed, or overturned in court.
What This Could Mean in Practice If It Stands
If this policy is implemented as written, it could create significant disruption across the immigration system.
First, we would expect increased delays worldwide for immigrant visa/green card applications and processing. U.S. consulates abroad are already heavily backlogged, and many simply do not have the staffing or infrastructure necessary to absorb what could become a massive surge in immigrant visa processing. This could result in substantially longer green card timelines for many applicants.
Second, this policy could create particularly severe consequences for nationals of countries where immigrant visa processing is currently suspended, restricted, or effectively unavailable at certain consulates.
For example, for foreign nationals from countries where consular immigrant visa processing is currently limited or banned (such as Jamaica and potentially others depending on evolving diplomatic restrictions), this policy could effectively halt green card processing entirely until those restrictions are lifted.
That is one reason why this announcement is causing such significant concern throughout the immigration community.
Who Could Be Most Impacted
If implemented aggressively, this policy could create especially serious issues for individuals who may face inadmissibility concerns if forced into consular processing abroad.
This includes foreign nationals with:
- Criminal convictions;
- Prior immigration violations;
- Periods of unlawful presence;
- Unauthorized employment; or
- Complex immigration histories.
Historically, many of these individuals were still able to successfully obtain green cards through Adjustment of Status inside the United States because certain waivers, protections, or discretionary considerations were available in that process.
If applicants are instead forced into consular processing abroad, however, some individuals could face temporary or even permanent bars to returning to the United States.
In practical terms, this could result in individuals departing the United States for what they believe is a standard green card interview abroad — only to become stuck outside the country for extended periods of time or potentially permanently.
That risk is one of the most concerning aspects of this policy announcement.
What This Means for H-2B Employers
For many H-2B employers, this policy may not create as immediate or dramatic an impact because many H-2B workers already pursue immigrant visa processing abroad rather than Adjustment of Status inside the United States.
However, losing Adjustment of Status as a realistic option is still not a positive development. First, the previously mentioned backlogs and added processing delays will result in some workers being stuck outside the U.S. for longer than originally expected. Additionally, for some workers, Adjustment of Status provided flexibility, continuity, and an important backup option depending on changing circumstances, employer needs, or immigration strategy. Restricting that pathway could reduce options for both workers and employers moving forward.
What We Are Advising Right Now
At this stage, our guidance is:
- Do not panic based on headlines alone;
- Do not withdraw pending Adjustment of Status applications unless specifically advised by counsel;
- Maintain lawful immigration status whenever possible;
- Avoid unnecessary international travel without first consulting counsel;
- Expect additional scrutiny, delays, and uncertainty moving forward; and
- Consult with immigration counsel before making strategic decisions regarding green card processing.
This remains a rapidly evolving situation, and much may change depending on litigation, implementation guidance, and future policy clarifications.
Our Team Is Monitoring Developments Closely
We are monitoring this situation very closely and will continue providing updates as additional information becomes available.
As always, if you have questions regarding your specific case or how this announcement may affect your green card process, please do not hesitate to reach out to our office.
Thank you,
Keith and the Pabian Law Team