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USCIS Memo Sharply Limits In-Country Green Card Applications, Forcing Most To Apply Abroad
U.S. Citizenship and Immigration Services said most foreign nationals in the United States must leave and apply for green cards from abroad.[1]
The agency's May 22, 2026 memo says in-country adjustment of status is allowed only in "extraordinary circumstances." CBS USCIS told officers to treat adjustment as an "extraordinary" form of administrative grace and to view choosing adjustment over consular processing as an "adverse factor" in adjudications.[1] USCIS said some exceptions will likely remain for refugees, asylees and holders of certain dual-intent visas such as H-1B, but the memo did not fully define those exemptions.[1] USCIS spokesman Zach Kahler framed the move as returning to a Congressional preference for consular processing and said in-country adjustment should be reserved for rare cases.[2]
For more than 50 years, foreign nationals with legal status in the U.S. have typically completed the green card process without leaving the country.[3] Advocates and lawyers warn forcing people to depart could trigger existing three- and ten-year unlawful-presence bars and worsen consular backlogs, leaving some families separated or unable to return.[1]
Initial coverage presented the memo as a clear requirement, but reporting in the days after the memo found wide confusion at USCIS offices and call centers about whether pending adjustment cases must be sent abroad.[4] Immigration attorneys filed last-minute adjustment applications and motions to hold or expedite cases, and advocates said the State Department had not issued matching guidance for overseas consulates.[4]
Advocates called the policy unworkable and warned of a looming "processing cliff" that could disrupt hundreds of thousands of families and employers annually.[1] Legal challenges are already being planned, and groups said the rule could effectively bar people from returning if they face travel bans or consular suspensions.[5]
Show source details & analysis (8 sources)
📌 Key Facts
- On Friday, May 22, 2026, a USCIS memo told officers to treat in‑country adjustment of status as an “extraordinary” form of “administrative grace” and to view choosing adjustment over consular processing as an “adverse factor” in adjudications (USCIS memo).
- USCIS publicly framed the change as requiring most foreigners in the U.S. to leave and apply for green cards from their home countries, allowing in‑country processing only in “extraordinary circumstances” and saying this returns to a preference for consular processing (USCIS).
- The guidance says some exceptions will likely remain for refugees, asylees and holders of certain “dual intent” visas such as H‑1B, but the memo does not fully define those exemptions (refugees, asylees and H‑1B).
- Immigration experts and former officials warn the policy will likely force students, tourists, temporary workers and people who overstayed visas to leave the U.S. to seek consular processing — a move that could trigger existing 3‑ and 10‑year unlawful‑presence bars and worsen consular backlogs (3- and 10-year unlawful‑presence bars).
- Former Biden‑era USCIS official Doug Rand estimates roughly half a million people per year currently obtain green cards through adjustment of status and could be affected by the new policy (half a million people per year).
- CBS reported that citizens of 39 countries already face entry bans or restrictions under the administration’s travel‑ban proclamation, and a separate policy has paused immigrant‑visa grants for people in 75 countries — factors that could prevent some required departures (39 countries).
- Within days of the May 22 memo, reporting showed widespread confusion and fear: local USCIS offices and call centers gave inconsistent answers about pending adjustment cases, immigration attorneys filed last‑minute applications and motions, and advocates warned of a looming processing crisis and possible indefinite family separation (New York Times).
📰 Source Timeline (8)
Follow how coverage of this story developed over time
May 24, 2026
10:55 PM
Confusion and Worry After Trump Administration’s Abrupt Green Card Changes
New information:
- The May 24 New York Times piece reports on widespread confusion and fear among applicants and lawyers in the two days since USCIS issued the May 22, 2026 memo, including people already in the middle of adjustment-of-status cases now unsure if they must depart the U.S.
- It describes concrete early implementation behavior at local USCIS offices and call centers, including inconsistent answers on whether pending adjustment cases will be adjudicated under the old standard or placed on hold.
- The article adds specific human-impact examples, such as U.S. citizens married to foreign nationals now being advised they may need to leave the country for consular processing despite long unlawful-presence bars and closed or backlogged consulates.
- It reports that immigration attorneys are urgently filing last-minute adjustment-of-status applications and motions to hold or expedite existing cases in response to the memo, reflecting immediate legal scrambling rather than just anticipated litigation.
- The Times notes that some consular posts abroad remain closed or severely backlogged and that the State Department has not yet issued parallel guidance, creating a practical gap between USCIS’s new policy and overseas processing capacity.
- The article adds new on-the-record reactions from major bar and advocacy groups (e.g., AILA leaders, large nonprofits) describing the policy as unworkable in the short term and warning of a looming "processing cliff" if large numbers of applicants are forced abroad at once.
May 23, 2026
5:45 PM
Trump administration announces major changes for immigrants seeking green cards
New information:
- CBS video segment dated Saturday, May 23, 2026, reiterates that on Friday, May 22, 2026, the Trump administration announced a sweeping policy change requiring most immigrants seeking green cards to leave the U.S. before applying.
- The segment frames the development as a major Trump administration immigration move and highlights that the requirement applies to 'most immigrants' seeking permanent residency.
- The piece attributes the on-air explanation and additional details to CBS immigration reporter Camilo Montoya-Galvez.
5:11 AM
Trump administration to force foreigners in the U.S. to apply for a green card abroad
New information:
- On Friday, May 22, 2026, USCIS publicly announced that most foreigners in the U.S. who want green cards will have to leave and apply from their home countries, describing only "extraordinary circumstances" exceptions.
- USCIS told the Associated Press by email that people who provide an "economic benefit" or serve the "national interest" are more likely to be allowed to stay in the U.S. to process, while others must apply abroad.
- The AP article emphasizes that for over half a century people with legal status in the U.S. (including spouses of U.S. citizens, students, workers, refugees and asylees) have been able to complete green card processing inside the country.
- Experts quoted in the piece highlight that existing travel bans and visa-processing pauses in some countries could make it impossible for certain applicants to return once they depart, effectively separating families indefinitely.
- World Relief and other aid groups warn that requiring departures where consular processing is suspended or severely limited will create a "Catch-22" and lead to potentially indefinite family separation.
12:10 AM
Trump administration restricts most green card applications from within U.S.
New information:
- On Friday, May 22, 2026, USCIS publicly framed the change as 'returning to the original intent of the law' and said the policy applies to noncitizens temporarily in the U.S. except in 'extraordinary circumstances.'
- USCIS spokesperson Zach Kahler said allowing nonimmigrants to adjust status had 'incentivized loopholes' and argued consular processing reduces the need to remove people who overstay after a denial.
- Kahler stated that 'nonimmigrants, like students, temporary workers, or people on tourist visas' should not treat their visit as 'the first step in the Green Card process.'
- The memo instructs officers to treat adjustment as an 'extraordinary form of relief' and to weigh 'all relevant factors and information' case by case when deciding if an applicant can adjust in the U.S.
- USCIS said routing more cases through consular processing would free agency resources for victims-of-crime and trafficking visas and for citizenship and naturalization applications.
- Experts from the American Immigration Council and American Immigration Lawyers Association warned the policy could exacerbate consular backlogs, trigger 3- and 10-year unlawful-presence bars for some applicants who depart, and force people to remain abroad for weeks or months at their own expense.
May 22, 2026
9:41 PM
Foreigners in U.S. must apply for green cards abroad, new Trump administration rule says
New information:
- On Friday, May 22, 2026, USCIS publicly framed the change as requiring foreign nationals in the U.S. who want green cards to leave and apply from their home countries, describing in-country adjustment as contrary to the system's design for temporary visitors.
- The article emphasizes that for over half a century foreign nationals with legal status in the U.S. — including spouses of U.S. citizens, work- and student-visa holders, refugees and asylum seekers — have typically been able to complete the entire green card process without leaving the country.
- USCIS's statement, quoted in the piece, says nonimmigrants like students, temporary workers and tourists come for a 'short time and for a specific purpose' and that 'their visit should not function as the first step in the Green Card process.'
- The announcement does not clarify whether applicants will have to remain abroad for the entire processing period, nor does it address how the rule will be applied to people with already pending green card applications, leaving key implementation details unspecified.
- Humanitarian group World Relief is quoted warning that requiring people from countries where immigrant visas are not currently being processed to depart will create a 'Catch-22' and could result in effectively indefinite family separations.
- The article notes USCIS did not respond to emailed questions about how many people would be affected or provide further explanation of what qualifies as 'extraordinary circumstances' for in-country adjustment exceptions.
8:12 PM
Green Card Seekers Must Leave U.S. to Apply, Trump Administration Says
New information:
- Article published Friday, May 22, 2026, details the same new USCIS policy directing most in-country green card applicants to depart the United States and apply abroad, framed by the Trump administration as restoring a preference for consular processing.
- New York Times reporting describes internal administration deliberations around treating adjustment of status as an 'extraordinary' option and highlights legal concerns from immigration attorneys about interaction with 3- and 10-year unlawful-presence bars.
- The piece adds examples of affected groups, including U.S. citizen spouses and employers now facing the prospect of family separation or long overseas waits, and notes early planning by advocacy groups to challenge the policy in court.
6:59 PM
Trump administration to require most green card applicants to leave U.S. first
New information:
- On Friday, May 22, 2026, CBS obtained and detailed the USCIS memo instructing officers to treat adjustment of status as an “extraordinary” act of “administrative grace” and to treat choosing adjustment over consular processing as an “adverse factor” in adjudications.
- Current and former immigration officials told CBS the policy will likely force large groups of nonimmigrants in the U.S. — including students, tourists and other temporary visa holders, as well as people who entered legally and overstayed — to leave the country before seeking green cards through U.S. citizen spouses or employers.
- The article specifies that citizens of 39 countries, mostly in Africa and Asia, already face entry bans or restrictions under Trump’s travel-ban proclamation, and that a separate Trump policy has paused all immigrant-visa grants for people in 75 countries deemed potential economic burdens.
- CBS highlights how existing 3‑ and 10‑year unlawful‑presence bars mean that many people who overstayed visas and depart to consular-process for a green card could trigger 10‑year bans on reentering the U.S.
- Former senior USCIS official Michael Valverde is quoted saying the move will "disrupt the plans of hundreds of thousands of families and employers annually" and is a "largely unprecedented" restriction that will greatly limit lawful immigration for people who "followed the rules faithfully."
- Former Biden-era USCIS official Doug Rand estimates that roughly half a million people per year currently obtain green cards through adjustment of status, indicating the scale of cases that could be affected by the new policy.
- USCIS spokesman Zach Kahler provided an on-the-record statement saying that from now on an alien in the U.S. who wants a green card must return home to apply “except in extraordinary circumstances,” and he framed the policy as returning to what the administration says is Congress’s intended preference for consular processing.
- The memo and CBs reporting indicate that some exceptions will likely remain for refugees, asylees and holders of certain "dual intent" visas such as H‑1B, although the exemptions are not fully defined in the memo.