Adjustment of Status Under Review: USCIS Tightens Green Card Rules Within the U.S.

U.S. Citizenship and Immigration Services (USCIS) issued an official memorandum that strictly reinforces the requirements for obtaining lawful permanent residence through adjustment of status within the country.

The Main Change: General Rule Favoring Consular Processing

Under the current guidelines, foreign nationals who are temporarily in the country and wish to apply for a green card must, as a general rule, return to their home country to complete consular processing through the Department of State. Adjustment of status within the U.S. would be reserved for extraordinary circumstances.

Who Is Most Affected

This change particularly affects those who entered on nonimmigrant visas — tourism, study, or temporary work — or under the ESTA program, and who are seeking a green card through employment-based petitions. Although basic eligibility remains unchanged for many applicants, the number of cases processed internally would decrease drastically, and officers will evaluate each application individually.

How to Strengthen Your Case Under the New Guidelines

Documenting the good faith of your entry into the country, maintaining valid status, avoiding inconsistencies between applications, and preparing solid evidence of eligibility have become more important than ever. A prior legal evaluation can determine whether your case qualifies for adjustment of status within the U.S. or whether it would be better to plan for consular processing with a waiver, when applicable.

Each immigration case is different. If you have questions about your specific situation, we invite you to schedule a consultation with our office to receive personalized legal guidance.

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