Recent Changes to the Adjustment of Status Process

The Trump Administration has recently announced changes to immigration procedure which will impact those in the country on a non-immigrant visa who are hoping to obtain a green card. Announced on May 22, 2026, the change will require many foreign nationals to leave the country as they wait to find out if they can become a lawful permanent resident. Call The Law Office of Jason M. Sullivan if you have questions. Immigration law changes weekly, and many people are outright confused about where they stand or what steps they need to take. We can explain more in a consultation.

Will You Need to Return Home?

Many foreign nationals in the United States apply to adjust their status. Essentially, this process allows them to obtain a green card while living in the U.S., if approved. Adjustment of status is convenient, especially if you have family living in the country. You won’t have to return home for consular processing; instead, everything happens here in the U.S.

However, the Trump Administration now wants all temporary visa holders to return home as they await approval for a green card. That would mean that applicants will have to undergo consular processing in their home countries. They can no longer stay in the U.S. to live and work as their green card application is reviewed.

USCIS spokesperson Zach Kahler announced the change last week. He stated that applicants will need to return home to apply unless “extraordinary circumstances” apply. We are not yet sure what situations would qualify as “extraordinary” and allow a person to remain in the U.S. as their application works its way through USCIS.

Each year, roughly 1 million people apply for a green card. About half of them do so from within the U.S. Many applicants already have family in the U.S., who are either lawful permanent residents or citizens. The recent change, if it goes into effect, could tear families apart, sometimes for years.

The government has justified this change on security grounds. If an applicant is denied a green card but is in the U.S., they might go into hiding and refuse to leave. The administration wants to stop this from happening, and forcing temporary visa holders to return to their home country is one way to do that.

Get Up-to-the-Minute Legal Advice

Immigration law is constantly changing, hour by hour. The Trump administration’s change will likely be challenged in court, so stay tuned. We are not yet sure if the courts will let this new requirement go into effect.

Reach out to our office if you have already applied to adjust status or if you are hoping to apply in the future. We can provide timely, individualized advice for you and your family. In a private consultation, a lawyer can analyze how the recent change will affect you and your possible avenues for staying in the country. Call to schedule a meeting with an experienced Portsmouth, New Hampshire or Miami, Florida immigration attorney at The Law Office of Jason M. Sullivan.

Source:

msn.com/en-us/news/us/trump-administration-says-visa-holders-seeking-green-cards-must-apply-in-home-countries-in-major-change/ar-AA23QlEx?ocid=BingNewsSerp