WASHINGTON, D.C. — The Department of Homeland Security reversed a policy change on May 24, 2026, that had threatened to require most green card applicants already in the U.S. to leave the country and apply through consular processing abroad. The reversal came three days after U.S. Citizenship and Immigration Services (USCIS) issued a memo on May 21 implying such a shift in how adjustment of status applications would be handled. Jeff Joseph, president of the American Immigration Lawyers Association, stated the policy change had been implemented on May 20, one day before the formal announcement.
Adjustment of status, established under the 1952 Immigration and Nationality Act, allows individuals already in the United States to apply for lawful permanent residency without departing. In fiscal year 2023, more than 600,000 people applied through this process. The initial policy change raised concerns that applicants who had overstayed visas or lacked current lawful status might be forced to leave, potentially triggering reentry bars that could prevent their return for up to 10 years.
Jeff Joseph said on a May 28 press call that USCIS adjudicators had already begun questioning adjustment of status applicants about why they did not use consular processing, whether factors prevent them from doing so, whether they have family in their home country, and why they did not return after their authorized stay expired. Joseph added that the new line of questioning puts applicants in a defensive position and reflects an assumption that applying for adjustment of status after overstaying a visa is wrong, even though applicants may be in a lawful “period of stay” while their case is processed.
USCIS spokesperson Zach Kahler told CBS News that immigrants whose applications “provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path.” Todd Schulte, president of FWD.us, noted uncertainty about whether H-1B visa holders would be affected, saying, “It’s kind of hinted that H-1Bs, it probably won’t apply to, but we don’t know that for sure. I think it’s fair to say that’s an open question.”