U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances

U.S. Citizenship and Immigration Services announced a new policy memo today stating that adjustment of status will be granted only in extraordinary circumstances. The memo reiterates that, consistent with long-standing immigration law and court decisions, aliens seeking to adjust their status must do so through consular processing via the Department of State outside the United States.

The policy memo clarifies the agency's interpretation of existing law, emphasizing that consular processing remains the standard pathway for most applicants. Adjustment of status, which allows certain individuals already in the U.S. to apply for lawful permanent residence without leaving the country, will be reserved for exceptional cases.

USCIS officials said the memo aims to provide clear guidance to officers and applicants, reducing confusion about when adjustment of status is appropriate. The agency noted that immigration courts have consistently upheld the principle that consular processing is the primary method for obtaining a green card.

The announcement is expected to affect a range of applicants, including those who entered the U.S. legally but later seek to adjust their status. Immigration attorneys advised that individuals currently in the U.S. should carefully review their options, as the bar for qualifying as an extraordinary circumstance is high.