Getting a Green Card Inside the U.S. Just Got Harder — What the AOS Policy Change Means for You

On May 22, 2026, USCIS announced a major policy shift that affects anyone in the United States on a temporary visa who was planning to apply for a green card without leaving the country.

What Changed?

USCIS issued a new policy memo stating that Adjustment of Status — the process of applying for a green card inside the U.S. using Form I-485 — is now considered an "extraordinary" form of relief. Officers are directed to evaluate each application individually and determine whether the applicant must instead go through Consular Processing outside the United States.

In plain English: most people who are temporarily in the U.S. on tourist, student, or work visas and want a green card will now be told to return to their home country and apply at a U.S. Embassy, rather than filing I-485 here.

Who Is Most Affected?

• People in the U.S. on a B-2 tourist visa who are married to a U.S. citizen and wanted to file I-485
• F-1 students who have employer or family sponsorship and planned to adjust status
• H-1B or other work visa holders whose families want to file I-485
• Anyone who entered the U.S. without inspection or overstayed a visa

Who May Still Be Eligible for Adjustment of Status?

Immediate relatives of U.S. citizens — spouses, parents, and unmarried children under 21 — who entered the U.S. lawfully and maintained their status throughout their stay may still be eligible. However, each case is now evaluated individually at officer discretion. There are no guarantees.

What Should You Do?

If you have a pending I-485 or were planning to file one, consult an immigration attorney immediately. Do not file without professional guidance under the current policy environment. The risk of denial or unfavorable action is higher than it was before this policy change.