What USCIS announced
On 22 May 2026, USCIS announced a policy memorandum describing adjustment of status as relief to be granted only in extraordinary circumstances. The agency’s announcement presents consular processing through the Department of State outside the United States as the expected route for people seeking permanent residence.
USCIS says officers are directed to consider all relevant factors and information on a case-by-case basis when deciding whether an applicant warrants adjustment.
The announcement is framed as an agency policy change and an interpretation of existing law, rather than a proposed rule inviting public comment. It should therefore not be grouped with the separate October proposal for new OPT fees.
Read the announcement carefully
The agency’s quoted explanation says that a person temporarily in the United States who wants a green card must return to their home country to apply, except in extraordinary circumstances.
That is a significant policy statement. However, the supplied extract does not reproduce the memorandum itself, define all extraordinary circumstances or set out detailed treatment of pending applications.
It also does not provide enough information to determine whether a particular applicant qualifies for an exception. A short newsroom announcement should not be used to make an individual eligibility decision without checking the underlying policy and current instructions.
Separate from the public charge changes
This development concerns the agency’s approach to obtaining permanent residence through adjustment inside the United States. The September public charge changes and revised Form I-485 address a different part of the application framework.
Applicants need to distinguish the availability of a processing route from the form and assessment requirements that may apply within it. Meeting one set of requirements does not, by itself, answer the other question.
What this means for you
Indian students, visitors and other temporary residents considering permanent residence should obtain individual advice before relying on an in-country adjustment strategy. Do not assume that holding temporary permission or having a future green card plan settles where you can apply.
Equally, do not depart, withdraw a pending application or change travel plans solely on the basis of this summary. Confirm the latest USCIS policy memorandum, relevant official instructions and your circumstances with a qualified US immigration adviser.
Source: uscis.gov — always confirm details on the official website.
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