The federal government has announced a major change that could reshape how many immigrants apply for permanent residency in the United States.

On May 22, U.S. Citizenship and Immigration Services announced a new policy memo stating that “adjustment of status” applications inside the United States should only be approved in “extraordinary circumstances.” The agency said most immigrants seeking permanent residency should instead complete “consular processing” abroad through the U.S. Department of State.

For decades, adjustment of status has been one of the most common ways eligible immigrants already living in the United States became lawful permanent residents without leaving the country. The process has allowed many people, including spouses of U.S. citizens, employment-based applicants, asylum recipients, and others, to file Form I-485 and complete their Green Card process while remaining with their families and jobs in the United States.

The announcement has already caused confusion and concern among immigrants, attorneys, employers, and advocacy organizations nationwide, because many questions remain unanswered, especially regarding pending applications and how officers will define “extraordinary circumstances.”

How Many People Use Adjustment of Status?

The announcement attracted significant attention because adjustment of status has become one of the primary ways immigrants obtain permanent residency in the United States.

According to reporting by The New York Times, approximately 1.4 million Green Cards were issued in 2024, including roughly 820,000 approved through adjustment of status, a process that allows eligible applicants to seek permanent residency while already living in the United States.

Green Cards are available through several pathways, including family sponsorship, employment-based immigration, and certain humanitarian programs. Applicants often wait years for approval and must undergo extensive background checks and screening before receiving permanent resident status.

The New York Times reported that the policy could have the greatest impact on family-based applicants, because they are less likely than employment-based immigrants to have an underlying work visa allowing them to remain in the United States while their cases proceed.

For decades, many immigrants have entered the country legally on temporary visas, later became eligible for permanent residency through marriage to a U.S. citizen or another qualifying relationship, and completed the Green Card process from within the United States. Immigration attorneys note that if some of those applicants are ultimately required to leave the country and apply through a U.S. consulate abroad, certain individuals with significant periods of unlawful presence could face barriers to returning, including three-year or ten-year reentry bars unless they qualify for a waiver.

A Major Shift in Immigration Processing

Adjustment of status, commonly called AOS, is the process that allows certain immigrants already inside the United States to apply for lawful permanent residency without returning to their home country. Historically, this pathway has been widely used by immediate relatives of U.S. citizens, employment-based immigrants, refugees, asylees, humanitarian applicants, and some victims of crimes or trafficking.

The alternative process is known as consular processing. Under that system, immigrants attend an immigrant visa interview at a U.S. embassy or consulate abroad before returning to the United States as permanent residents.

For many families, adjustment of status has long been considered safer and more practical because leaving the country can trigger immigration bars, lengthy family separations, visa delays, or uncertainty about whether the applicant will be allowed back into the United States.

The new USCIS memo reframes adjustment of status as an “extraordinary act of administrative grace” rather than a routine immigration benefit. USCIS officials argue that the agency is returning to the original intent of immigration law.

USCIS spokesman Zach Kahler defended the policy in the agency’s announcement, stating: “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.” Kahler also said the policy would reduce “the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency.”

What the Policy Could Mean for Applicants

At this moment, one of the biggest concerns surrounding the policy is uncertainty.

Immigration attorneys across the country say clients immediately began calling their offices after the memo was released because it remains unclear how broadly the policy will be applied and whether it could affect cases that are already pending.

The memo directs USCIS officers to consider all relevant factors and information on a case-by-case basis when deciding whether an applicant warrants adjustment of status. According to the policy guidance, officers are instructed to evaluate the totality of the circumstances before exercising discretion.

The New York Times reported that one of the biggest concerns involves immigrants who entered the United States legally on temporary visas and later became eligible for permanent residency through family sponsorship or another qualifying category. For decades, many of these applicants were able to complete the Green Card process from within the United States through adjustment of status.

Because USCIS has not yet issued detailed guidance explaining how the policy will be applied in specific types of cases, immigration attorneys say many questions remain unanswered. Among them are how the agency will evaluate pending applications, what circumstances may qualify as "extraordinary," and how broadly officers will exercise their discretionary authority.

Consular Processing and Existing Visa Backlogs

One reason the USCIS announcement has drawn so much attention is that consular processing is already a routine part of the immigration system for many applicants seeking permanent residency.

Unlike adjustment of status, which allows eligible applicants to complete the Green Card process from within the United States, consular processing generally requires an immigrant visa interview at a U.S. embassy or consulate abroad before a person can enter or return to the United States as a lawful permanent resident.

Many immigrant visa categories are subject to annual numerical limits established by Congress. Under current immigration law, family-sponsored preference visas are generally limited to about 226,000 per year, while employment-based visas are capped at approximately 140,000 annually. In addition, no single country may receive more than 7 percent of the total visas available each year in those categories.

Because demand often exceeds the number of visas available, some categories already have significant backlogs. According to the U.S. Department of State's monthly Visa Bulletin, wait times can vary significantly depending on the type of petition and the applicant's country of birth. In some categories, applicants may wait years before a visa becomes available.

Not all Green Card categories are subject to annual quotas. Immediate relatives of U.S. citizens, including spouses, parents, and unmarried children under age 21, are generally exempt from numerical limits and do not wait for a visa number to become available.

Immigration attorneys note that adjustment of status and consular processing have long existed as separate pathways to permanent residency. Because USCIS has not yet issued detailed guidance explaining how the new policy will be applied in specific cases, many questions remain about what impact, if any, the policy may ultimately have on applicants who would otherwise pursue adjustment of status from within the United States.

Local Immigration Attorney Warns Applicants to Prepare Carefully

Danbury immigration attorney Celina B. Curillo said the USCIS memo does not create a new law but instead changes how immigration officers are instructed to evaluate adjustment-of-status applications.

“This is not a new statute, and no new law has been passed,” Curillo said. “Rather, it is direction to USCIS officials. They want officers to scrutinize every case.”

Curillo said immigrants with pending adjustment-of-status applications should not assume they will automatically be forced into consular processing. However, she believes applicants should begin preparing for greater scrutiny by reviewing every aspect of their immigration history and gathering evidence that demonstrates why their application deserves favorable consideration.

“If you have already filed your I-485, sit down with an immigration attorney and go through your entire immigration history,” Curillo said.

According to Curillo, attorneys should carefully review any prior overstays, gaps in status, or other potential issues while gathering evidence demonstrating an applicant’s ties to the United States. Such evidence may include family relationships, employment records, tax filings, community involvement, and other documentation showing the applicant’s established life in the country.

Curillo said she is particularly concerned about marriage-based applicants and individuals with prior immigration violations that could complicate their cases.

“The families that I am most worried about are those applying for marriage-based adjustment and those with violations that may affect their application,” she said.

The attorney also expressed concern about the emotional and practical challenges that consular processing may create for immigrants who have already established lives in the United States.

“Generally speaking, they have to leave, and that can be significantly overwhelming, especially if you have built a life here,” Curillo said.

Curillo also cautioned immigrants against attempting to navigate the process without qualified legal assistance, particularly as confusion surrounding the new policy creates opportunities for fraud.

“If you are planning to file, you must consult with an immigration attorney and verify that they are an actual attorney,” Curillo said. “Unfortunately, there are people who prey on immigrants by offering legal services without proper credentials or authorization, especially right now.”

Applicants who face financial challenges can also seek assistance from reputable nonprofit organizations that employ Department of Justice-accredited representatives authorized to provide immigration legal services. Organizations such as the Connecticut Institute for Refugees and Immigrants (CIRI) and other accredited nonprofit agencies often provide low-cost or low-bono immigration assistance to eligible individuals and families.

Curillo said she expects additional guidance from USCIS in the coming months and believes the policy could face legal challenges.

“USCIS has specified that it will provide guidance on how this policy will be applied, but I expect we’ll see lawsuits challenging this,” Curillo said. “Legal organizations are already questioning whether USCIS can administratively decide to restrict something Congress created as an available benefit.”

Questions Remain About How the Policy Will Be Applied

Since the May 22 announcement, questions have continued about how the policy will be implemented.

The original USCIS press release stated that adjustment of status would be granted only in “extraordinary circumstances,” prompting widespread discussion among immigration attorneys, advocacy organizations, employers, and immigrant communities across the country.

However, additional reporting published on May 29 by The New York Times highlighted ongoing uncertainty about how USCIS will apply the policy in practice and what additional guidance may be issued by the agency. The report noted that questions remain about the scope of the policy and how it may affect various categories of Green Card applicants.

As of this writing, USCIS has not publicly released detailed instructions explaining how officers will evaluate specific categories of cases under the new policy. As a result, many applicants and their families are continuing to monitor developments while awaiting further clarification from the agency.

Federal officials have described the policy as a return to the original intent of immigration law. At the same time, immigration attorneys, nonprofit legal service providers, and advocacy organizations continue to analyze the potential impact of the policy on applicants seeking permanent residency from within the United States.

Because the policy is still developing, applicants should monitor official updates directly from USCIS at www.uscis.gov and review any future guidance issued by the agency. Individuals with pending or future Green Card applications are encouraged to consult with a qualified immigration attorney to discuss how the policy could affect their specific circumstances. Those who cannot afford private legal counsel may seek assistance from nonprofit organizations that employ Department of Justice-accredited representatives authorized to provide immigration legal services.

Sources: U.S. Citizenship and Immigration Services (USCIS), U.S. Department of State Visa Bulletin, Reuters, The New York Times, Business Insider, San Francisco Chronicle, Economic Times, Boundless Immigration, Clark Hill PLC, Quarles & Brady LLP, and an interview with Attorney Celina B. Curillo, Esq.