Release Date

05/22/2026

WASHINGTON—U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.

“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” said USCIS Spokesman Zach Kahler.

“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”

For more information, see the policy memo to USCIS immigration officers.

For more information on USCIS and its programs, please visit uscis.gov or follow us on X, Instagram, YouTube, Facebook, and LinkedIn.

11 minutes ago, Hitman said:

Release Date

05/22/2026

WASHINGTON—U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.

“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” said USCIS Spokesman Zach Kahler.

“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”

For more information, see the policy memo to USCIS immigration officers.

For more information on USCIS and its programs, please visit uscis.gov or follow us on X, Instagram, YouTube, Facebook, and LinkedIn.

New applicants or everyone?

6 minutes ago, Jaggadonga said:

New applicants or everyone?

Idi doubt ee anna, Congress allows it. By law you can stay. Sue chestaru.

ante date current ayithe job manesi, valla home country ki velli 6months wait cheyala?

Evadiki vasthai elanti thoughts asalu.

inka h1b appointment dorikinatte…congress allows to AOS if the alien is already crossed border protection kada…

10 minutes ago, HugoStrange said:

ante date current ayithe job manesi, valla home country ki velli 6months wait cheyala?

Evadiki vasthai elanti thoughts asalu.

Emi 6 months uncle more than one year plus with current wait times. Inka aa time ki job untadha asalu.

Just now, Ravi860 said:

Emi 6 months uncle more than one year plus with current wait times. Inka aa time ki job untadha asalu.

6 months ayithe endi 1 year ayithe endi, 2months kante ekkuva evadu pettukodu.

4 minutes ago, Ravi860 said:

Emi 6 months uncle more than one year plus with current wait times. Inka aa time ki job untadha asalu.

Or just travel before the interview date?

Any mention when to leave?

Does this apply f1 to h1b?

4 minutes ago, Coconut said:

Does this apply f1 to h1b?

no, only GC ki annadu gaa

7 minutes ago, Hitman said:

Or just travel before the interview date?

Any mention when to leave?

Once date current ayyaka vellali ani antunnaru. More details ravali

What this likely means for someone on H-1B

If you are in valid H-1B status, have maintained status, have no unauthorized employment, no fraud/misrepresentation issues, and file I-485 only when your priority date is current, this memo does not clearly say you are barred from filing AOS.

But it may mean USCIS officers could scrutinize I-485 cases more carefully and ask: “Why should this person be granted adjustment inside the U.S. instead of using consular processing?” For a clean H-1B case, the positive factors would usually include lawful admission, continued lawful H-1B status, dual-intent classification, employment-based sponsorship, taxes, family ties, long U.S. residence, approved I-140, no violations, etc.

The memo specifically says failure to comply with nonimmigrant conditions and failure to depart as expected are “highly relevant,” especially if connected to intent to permanently reside in the U.S. 

Who is more at risk under this memo?

This memo seems more concerning for people who:

Situation	Risk under memo
Fell out of status before filing I-485	Higher risk
Worked without authorization	Higher risk
Entered on tourist/F-1/non-dual-intent status and quickly pursued green card	Higher scrutiny
Had fraud/misrepresentation issues	High risk
Failed to maintain nonimmigrant status while I-485 was pending	More scrutiny
Used parole or temporary entry but then stayed permanently	More scrutiny
H-1B/L-1 maintaining valid status	Lower risk, but still discretionary

Marriage GC stars ki pedataru ani seppana ledaaa @Tellugodu @Sucker

29 minutes ago, Ravi860 said:

Emi 6 months uncle more than one year plus with current wait times. Inka aa time ki job untadha asalu.

That's their plan

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