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USCIS mandates consular processing for most green card applicants

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2 min read
Updated on May 26, 2026
Summary
  • Most green card applicants must now leave the US and apply via an embassy or consulate abroad.
  • Consular processing is now required for tourist, student, and temporary work visa holders, except in "extraordinary circumstances."
  • The policy aims to prevent visitors from using temporary visas as a primary step for permanent residency.
  • Travelers should verify their status immediately, as overstaying a visa or leaving the US during a pending application can trigger long-term re-entry bans.

US Citizenship and Immigration Services ends green card "adjustment of status" for most applicants

On May 22, 2026, US Citizenship and Immigration Services (USCIS) issued a policy memorandum stating that most immigrants seeking a green card must now leave the United States to apply at an embassy or consulate abroad. This shift effectively mandates consular processing for the majority of applicants, restricting the "adjustment of status" process that previously allowed visa holders and visitors to apply for permanent residency without departing the country.

The agency stated that people in the US on tourist visas, student visas, or temporary work permits will generally be required to go through the Department of State from their home countries. This measure is intended to ensure the immigration system functions as originally intended by the law rather than incentivizing the use of temporary visits as a shortcut to residency.

Strengthening immigration enforcement and efficiency through official channels

The Department of Homeland Security (DHS) and USCIS framed the policy as a return to legal standards. By requiring applicants to process their paperwork from abroad, the government aims to reduce the risk of individuals remaining in the country illegally if their applications are denied.

"From now on, an alien who is in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances," said USCIS spokesman Zach Kahler. He further explained that the policy allows the system to focus resources on other priorities, such as naturalization and visas for victims of human trafficking.

According to a statement from the Department of Homeland Security:

"The era of abusing our nation's immigration system is over. We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly."

Potential impact on families and employers during the transition

While the policy includes an exception for "extraordinary circumstances," it is expected to disrupt the plans of hundreds of thousands of applicants currently residing in the US. Critics argue that the move could lead to long-term family separations, as consular processing for a green card can take months or even years.

Furthermore, those who leave the country to apply may face legal hurdles when attempting to return, especially if they have previously overstayed a visa. According to the U.S. Department of State, overstaying a US visa can result in re-entry bans lasting up to 10 years.

While the status of pending applications remains under review, a USCIS spokesperson noted that individuals whose applications provide a clear economic benefit or serve the national interest may be permitted to continue their current path within the US.

This update follows other recent changes in the American immigration landscape, including legislative efforts to change the US visa lottery and tighten residency rules.

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