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Foreign nationals living in the United States on temporary visas may have to return to their home countries to apply for a green card under new guidance from US Citizenship and Immigration Services.
The agency announced the policy in May 2026, saying that adjustment of status should be granted only in extraordinary circumstances.
USCIS limits green card applications from inside the US
Under the new guidance, temporary visa holders seeking permanent residency will generally be expected to complete the process through consular processing. This means applying for an immigrant visa at a US embassy or consulate abroad rather than changing their immigration status while staying in the country.
USCIS said officers must review each application individually and consider the circumstances of the case. The agency also instructed them to weigh positive and negative factors when deciding whether an applicant qualifies for adjustment of status.
Who can still apply for a green card without leaving the country?
The guidance does not eliminate status adjustment or automatically require every temporary visa holder to leave the United States. USCIS said the process may still be available in extraordinary circumstances.
Applicants must therefore meet the requirements for adjustment of status and have their cases evaluated individually. Those who do not qualify for an exception may need to pursue consular processing abroad to obtain permanent residency.
The guidance is based on a USCIS policy memorandum issued on May 21, 2026, and announced by the agency the following day.