On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a major policy change. From now on, temporary visa holders in the United States cannot easily change their visa into a Green Card from inside the country. This process is called USCIS Adjustment of Status.
Under the new rules, temporary visitors, such as international students, tourists, and guest workers, must return to their home countries to apply for a Green Card through a U.S. consulate abroad. USCIS officers will now allow applications from inside the U.S. only in extraordinary circumstances.
Closing the Green Card "Loophole"
The government states that this change returns to the original intent of U.S. immigration law. In the past, many people used temporary visas as a shortcut to stay in the U.S. permanently.
“Our system is designed for temporary visitors to leave when their visit is over. Their visit should not function as the first step in the Green Card process,” said USCIS Spokesman Zach Kahler.
The government believes this new rule will prevent people from staying in the U.S. illegally if their Green Card applications are rejected.
Why Is USCIS Changing This Rule?
This policy change will help the U.S. immigration system run more efficiently in two main ways:
- Fewer Illegal Overstays: When foreigners apply from their home countries, it reduces the risk of people “slipping into the shadows” if they are denied residency.
- Saving Resources: Moving Green Card applications to the Department of State offices abroad frees up USCIS resources. This allows officers to focus on processing other urgent cases, such as naturalization and visas for victims of violent crime or human trafficking.
What This Means for Temporary Visa Holders
If you are currently in the U.S. on a tourist, student, or temporary work visa and wish to apply for permanent residency, you should prepare for a stricter process. Unless you have a very special and “extraordinary” reason, you will have to complete your visa processing outside of the United States.
USCIS officers will review every case individually to decide if an applicant qualifies for an exception. If you plan to change your status, it is highly recommended to speak with an immigration expert before taking any action.
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