New Green Card Policy and the Future of US Immigration - 2026
Dated May 21, 2026, the US Department of Homeland Security (DHS) sent out a policy memo to US Citizenship and Immigration Services (USCIS) immigration officers about a change in how green card applications will be processed.
In an official statement published on the USCIS website, the agency explained that individuals seeking “adjustment of status must do so through consular processing via the Department of State outside of the country.”
This change is likely to affect the majority of people looking to adjust their status, including family-based applicants (spouses, parents, children of US citizens/LPRs), employment-based applicants (H-1B, PERM-based green cards, etc.), and students or graduates transitioning to a work visa.
The USCIS statement says, “Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over.”
Despite this claim, INA § 245(a) / 8 U.S.C. § 1255(a), states that “The status of an alien who was inspected and admitted or paroled into the United States … may be adjusted … to that of an alien lawfully admitted for permanent residence if … the alien makes an application for such adjustment.”
Adjustment of Status and Consular Processing
While both processes lead to lawful permanent residence, they hold major differences that you should keep in mind with this new policy change. Adjustment of status allows applicants who are already inside the US to apply for a green card without leaving the country.
During the process, many applicants can remain with their families, continue working using employment authorization, and avoid the uncertainty of international travel. On the other hand, consular processing requires applicants to complete their immigrant visa interviews at a US embassy or consulate overseas before returning to the US as permanent residents.
This often means leaving the country for weeks or months while the case is processed.
Under the new policy, green cards would be issued to people within the US only in “extraordinary circumstances” that largely rely on immigration officers' discretion.
Consular processing can create serious risks related to unlawful presence because leaving the US is what triggers the legal penalties. If someone has stayed in the US without a valid status for more than 180 days or more than one year, departing for a visa interview abroad can activate a 3-year or 10-year bar on returning.
This means a person who might otherwise qualify for a green card could suddenly be blocked from coming back after they leave. Once an applicant leaves the US for their immigrant visa interview, they generally cannot return until the case has been approved. If there are delays like missing documents, security checks, or consular backlogs, the person may be forced to stay outside of the US for an unpredictable amount of time.
This policy is being treated as effective immediately and applies to pending and future cases unless an exception is granted.
Under this framework, there are a lot of questions about who will still qualify to adjust status inside the US and who will be required to go through consular processing. These decisions often depend on individual details like how someone entered the US, how long they have been here, and whether they have ever fallen out of status, which can vary widely from case to case.
Given how fact-specific these cases can be and how much they can affect a person’s ability to stay with their family or remain in the US, it is often important to get advice from an immigration attorney before making decisions about how to move forward.
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Disclaimer: This is not legal advice. The information provided is for general informational purposes only. Immigration laws and enforcement priorities can change rapidly. For advice specific to your situation, please consult with a licensed immigration attorney at the Law Office of Phan Nguyen — call 469-465-2344 or visit nguyen-legal.com.
