USCIS STATES: “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…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.”

So, this means that for all pending and future I-485 cases, the government’s position is that applicants must undergo consular processing in their home countries.

At the present time, there is a backlog that exceeds 5.4 million cases.  This includes both family and employment-based cases. The actual wait times for an I-485 adjustment case ranges from 7-11 months for USCIS processing, though this depends upon the Final Action Dates published in the monthly DHS Visa Bulletin.  This surge in backlogs is due to an increase in case volume, shifts in USCIS staffing, budget issues, work allocation imbalances, heavier vetting and background checks – to name a few.

USCIS also intends to overhaul its security vetting procedures and has implemented comprehensive reviews and re-interviews for specific groups, such as those granted refugee or asylum status between 2021 – 2025.

We understand that this will cause unexpected uncertainty for those that have applications in the system and because of this, it is wise to consult with immigration counsel concerning the risks associated concerning your case.

For more info see below

https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary

Policy Memo:  https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf

DOS Visa Bulletin:  https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html