On May 22, 2026, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) dropped a policy change that has sent shockwaves through immigrant communities across America and around the world.

The bottom line? Most immigrants on temporary visas who want a green card must now leave the United States and apply from their home country.

Here is everything you need to know right now.

1. What Actually Changed

The old way: For decades, eligible immigrants already inside the United States could apply for a green card through a process called Adjustment of Status (AOS) under Section 245A of the Immigration Nationality Act. They did not have to leave the country.

The new way: USCIS has instructed its officers to treat Adjustment of Status as “an extraordinary form of relief” rather than a standard option. In practical terms, most immigrants on temporary visas must now return to their home country and complete their immigrant visa process at a U.S. consulate or embassy abroad.

Why it matters: This shifts the burden from USCIS offices inside the U.S. to consulates overseas—many of which already have massive backlogs.

“In practical terms, the Trump administration is telling immigration officers that many people who enter the U.S. on temporary visas should leave the United States to complete their immigrant visa process abroad.”
— Akua Poku, immigration attorney, AK Poku Law

2. Who Is Affected

The policy applies to most immigrants who are in the United States on temporary (non-immigrant) visas, including:

Visa Type	Description
B-1 / B-2	Business or tourist visitors
F-1	International students
J-1	Exchange visitors (scholars, trainees, etc.)
H-1B	Specialty occupation workers
L-1	Intra-company transferees
O-1	Individuals with extraordinary ability
TN	Canadian and Mexican professionals under USMCA

Who may be exempt: The policy carves out an undefined category called “extraordinary circumstances.” No one yet knows what that means.

Who is NOT affected: Immigrants who already have a green card, U.S. citizens, and certain categories like asylum seekers or victims of crime (U visa or T visa applicants) may see different treatment—though USCIS says the policy will free up resources for those cases.

3. What ‘Extraordinary Circumstances’ Might Mean (Nobody Knows Yet)

USCIS has not defined this phrase. That is a major problem for immigrants and their lawyers.

Speculation among immigration attorneys includes:

• Serious medical conditions that prevent international travel
• Extreme hardship to a U.S. citizen spouse or child
• National security or public safety concerns
• Humanitarian emergencies

What it does NOT include (likely): Wanting to keep your job, avoiding consular backlogs, or not wanting to leave your children.

“The policy does not define what qualifies as extraordinary circumstances.”
— USCIS announcement, May 22, 2026

Bottom line: Do not assume you qualify. Assume you will have to leave unless a qualified immigration attorney tells you otherwise.

4. Why the Administration Says This Is Happening

USCIS Director Joseph Edlo stated that the Trump administration wants to restore what he calls “a clear divide between temporary visas and permanent immigration.”

The agency has also offered a resource-allocation justification:

USCIS spokesman Zach Koehler said the new policy “will allow USCIS to focus more resources on other case types, including:

• Naturalization applications
• Visas for victims of violent crime (U visas)
• Other agency priorities

Critics say: This simply shifts the workload to overburdened U.S. consulates abroad, creating longer waits and more uncertainty, not efficiency.

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5. What This Means for Families

This is where policy meets human lives.

Consider these scenarios:

Scenario	Consequence
An F-1 student who graduated and got a job offer	Must leave the U.S., return to their home country, and apply for a green card from there—possibly losing the job offer.
A spouse of a U.S. citizen on a tourist visa	Must leave the U.S. and apply from their home country, separating from their spouse for months or years.
A temporary worker with U.S.-citizen children	Must choose between leaving their children or abandoning their green card application.
Someone with a medical condition or elderly parent abroad	May not qualify for “extraordinary circumstances” at all.

The core question: Can you leave? Can you afford to be away? Can your family survive without you? Will your job wait?

For many, the answer to one or more of these questions is no.

6. The Legal Landscape: Expect Challenges

Here is what has not changed: The law itself.

Section 245A of the Immigration Nationality Act still exists. It still says that eligible immigrants inside the United States may apply for Adjustment of Status without leaving.

What changed: USCIS guidance interpreting that law.

Why that matters: Agency guidance can be challenged in court. Immigration attorneys and advocacy groups are almost certain to file lawsuits arguing that USCIS has overstepped its authority by effectively nullifying a statutory pathway.

What to watch for:

• Emergency injunctions asking courts to block the policy
• Congressional oversight hearings
• Potential reinterpretation or rollback if administration changes

But be warned: Legal challenges take time—often years. Do not assume a future court victory protects you today.

7. What You Should Do Right Now (Practical Steps)

If you are in the United States on a temporary visa and were planning to apply for a green card through Adjustment of Status, here is a checklist:

Step 1: Do NOT assume you are grandfathered in

The guidance applies immediately to new applications. For pending applications, speak to an attorney.

Step 2: Consult a qualified U.S. immigration attorney immediately

Do not rely on social media advice. This is a high-stakes situation.

Step 3: Document everything

If you believe you have “extraordinary circumstances,” start gathering medical records, hardship statements, and other evidence now.

Step 4: Consider your timeline

If you are close to filing, you may need to decide whether to attempt AOS (with high risk of denial) or prepare to leave.

Step 5: Prepare for consular processing

Assume you will need to apply from your home country. Check the backlog at your local U.S. embassy or consulate. Some have waits of 12–24 months or more.

Step 6: Do not make sudden travel plans without legal advice

Leaving the U.S. triggers its own risks, including possible bars to reentry if you have overstayed any visa or violated any terms.

Step 7: Stay informed

Follow USCIS announcements and reputable immigration news sources. This policy could be modified, clarified, or blocked at any time.

Final Takeaway

The new USCIS guidance has fundamentally shifted the ground beneath millions of immigrants in the United States. What was once a standard pathway—applying for a green card without leaving—is now an “extraordinary” exception.

Until courts weigh in or the administration provides clarity, most temporary visa holders who want permanent residency must plan to leave the country they now call home and apply from a distance.

For many, that means an impossible choice between family, career, and the American dream.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration laws and policies change rapidly. Always consult with a qualified immigration attorney before making any decisions about your status.