On Friday, May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum significantly restricting the use of adjustment of status — the process that allows eligible individuals already in the United States to apply for a green card without leaving the country.
Under the new policy, adjustment of status will generally only be granted in “extraordinary circumstances.” Most green card applicants will now be required to return to their home countries and complete the process through consular processing at a U.S. embassy or consulate.
The policy applies to many categories of green card seekers, including those currently in the U.S. on temporary visas such as work (H-1B), student (F-1), and family-based visas. Applicants will now be expected to depart the United States during the application process, a shift that is expected to create major disruptions for hundreds of thousands of legal immigrants.
USCIS spokesperson Zach Kahler stated that exemptions will be reviewed on a case-by-case basis and granted only under extraordinary circumstances. While adjustment of status is not completely eliminated, it is now positioned as a rare form of discretionary relief rather than the standard pathway.
The Trump administration describes this change as a return to the original intent of U.S. immigration law. Officials argue the policy will strengthen vetting procedures, reduce the transition from temporary to permanent status, and better protect national security and public resources. This move aligns with broader 2025–2026 immigration enforcement efforts, including pauses on immigrant visas for nationals of 75 countries, including Haiti.
For the Haitian-American community, this policy creates significant new challenges. Forcing applicants to return to Haiti for consular processing introduces serious risks due to the country’s ongoing security crisis, lengthy delays at U.S. consular posts, and the potential for prolonged family separations.
Many families now face difficult decisions regarding employment, education, and long-term stability as they navigate this stricter immigration landscape.
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