Adjustment of Status Restricted
U.S. Citizenship and Immigration Services (USCIS) has announced a significant change to the Adjustment of Status process. In this article, attorney Michael Decker Pex of Decker, Pex, Levi Law Offices explains that applicants inside the United States will generally no longer be able to apply for a green card from within the country unless they demonstrate “extraordinary circumstances.” Instead, most applicants will be required to complete consular processing through a U.S. embassy or consulate abroad.
The United States remains one of the most popular destinations for Israelis seeking employment, education, or family reunification opportunities. According to data published by Israel’s Central Bureau of Statistics, tens of thousands of Israelis reside in the United States, making family-based immigration procedures particularly relevant for Israeli families with connections to both countries.
This change may affect spouses, children, parents, and other relatives of U.S. citizens or permanent residents who are currently living in the United States on temporary visas. Individuals should carefully assess how this policy may impact their situation, as the procedural shift is expected to significantly alter long-standing immigration practices.
New USCIS Policy on Adjustment of Status (2026 Update)
On May 22, 2026, USCIS issued a policy memorandum indicating that Adjustment of Status will now be limited primarily to cases involving extraordinary circumstances. In most situations, family-based green card applicants will be expected to complete their process through consular processing outside the United States.
According to USCIS, the policy is intended to better align with the original structure of U.S. immigration law, which generally anticipates that immigrant visas are processed abroad.
However, the change represents a major departure from decades of established practice, under which many eligible applicants could complete the entire process while remaining in the United States.
What Is Adjustment of Status?
Adjustment of Status is the process that allows certain foreign nationals already in the United States to apply for lawful permanent residence (a green card) without leaving the country.
In many cases, spouses of U.S. citizens, students, and workers who entered legally on nonimmigrant visas have used this pathway to remain in the United States while their green card application is processed.
Under the new policy, this option is now significantly restricted.
What Is Consular Processing?
Consular processing is the alternative green card procedure in which applicants complete their immigration case at a U.S. embassy or consulate outside the United States.
This process generally includes filing immigrant visa paperwork through USCIS and the National Visa Center. Completing an interview at a U.S. embassy or consulate abroad. Receiving an immigrant visa to enter the United States as a lawful permanent resident
Under the new framework, consular processing is expected to become the default route for most family-based cases.
Who Is Affected by the New Rules?
The policy may affect a broad range of applicants, including:
- Spouses of U.S. citizens or permanent residents
- Children sponsored by family members
- Parents of U.S. citizens
- Individuals on temporary visas (such as student, tourist, or work visas)
- Applicants planning to adjust status after lawful entry
Individuals currently in the United States should not assume eligibility to remain and adjust status without first reviewing their case under the new guidance.
Key Concerns, Legal Uncertainty, and Potential Challenges
The May 2026 policy has also raised significant concern within the immigration legal community due to its scope and potential consequences.
One major issue is that the change represents a sharp break from decades of established practice, where Adjustment of Status was widely available to eligible applicants inside the United States.
There is also growing concern that the policy could create serious practical and humanitarian consequences. Requiring applicants to leave the United States to complete their process may result in prolonged family separation, financial strain, and uncertainty for individuals who have already built lives in the country while their applications are pending.
Another key concern involves the “extraordinary circumstances” exception. Because USCIS has not clearly defined what qualifies, critics expect inconsistent application of the standard across cases. This lack of clarity may lead to disputes and litigation over how discretion is exercised by immigration officers.
Additionally, uncertainty remains regarding how the policy will apply to pending applications. If enforced retroactively, applicants who already began the process under prior rules may be forced to change course mid-application, raising fairness concerns and potential legal challenges based on reliance on the previous system.
As a result, immigration practitioners anticipate that the policy will likely face court challenges or administrative appeals, and its long-term implementation may remain uncertain.
Can You Still Apply Inside the United States?
Adjustment of Status has not been eliminated entirely, but it is now significantly limited. Eligibility will depend heavily on individual circumstances and USCIS discretion.
Applicants are strongly advised not to assume eligibility without a detailed legal review, as many cases may now require consular processing instead.
Contact Decker, Pex, Levi Law Offices
The new USCIS policy on family-based green cards represents a major shift in U.S. immigration procedure.
At Decker, Pex, Levi Law Offices, we regularly advise Israeli citizens and families navigating U.S. immigration procedures and changing immigration policies. If you are unsure how this policy may impact your case, contact our immigration lawyers for personalized guidance.
