برای خواندن این مطلب به فارسی اینجا را کلیک کنید
On May 22, United States Citizenship and Immigration Services (USCIS) announced new guidance stating that foreign nationals seeking permanent residency (“green cards”) generally must complete the process through consular processing abroad rather than adjusting status from within the United States. USCIS also stated that adjustment of status inside the U.S. will now be granted only in “extraordinary circumstances.”
In simple terms, this means green card seekers will likely have to leave the U.S. to apply for permanent residency and wait for their green cards from outside the country — an incredibly disruptive and highly unprecedented change in standard practice.
This change would disproportionately impact Iranian nationals due to the lack of U.S. consular services in Iran, wartime conditions, and existing visa restrictions affecting Iranians.
Who does this affect?
This policy would affect many noncitizens currently living in the United States who planned to apply for a green card, including:
- International students
- Temporary workers
- Family-based applicants
- Individuals married to U.S. citizens or lawful permanent residents
- Employment-based applicants
- Individuals with pending or future adjustment of status applications (Form I-485)
What changed?
Historically, many eligible applicants already inside the United States could apply for permanent residency through “adjustment of status” while remaining in the country. Under the new guidance, USCIS says applicants generally must leave the U.S. and complete immigrant visa processing abroad through a U.S. consulate, unless they can show “extraordinary circumstances.”
In explaining this shift, USCIS emphasizes that most individuals who later apply for green cards fall into two categories: those who were “inspected and admitted” into the United States on temporary visas (such as student, work, or tourist visas), and those who were “inspected and paroled” into the country under a separate legal authority for temporary humanitarian or public benefit reasons.
USCIS underscores that both forms of entry are temporary. Nonimmigrant visa holders are admitted only for a limited period and are expected to depart when their authorized stay ends, while parole is granted on a strictly temporary, case-by-case basis and is expected to end once its purpose has been fulfilled.
This approach represents a significant departure from longstanding practice in how adjustment of status has been administered, despite being framed by the Trump administration as merely a clarification of existing legal authority. In practice, shifting large categories of applicants away from in-country processing and toward consular processing abroad risks creating substantial disruption for individuals and families who have built their lives in the United States, including prolonged uncertainty, potential separation, and heightened vulnerability for those who may not have a viable path to complete processing outside the country.
By highlighting this framework, USCIS is signaling that most adjustment of status applicants are present in the United States temporarily, despite the extent to which many have built their lives here. Remaining in the country to complete permanent residency is framed as a discretionary exception rather than the default pathway. This approach fails to account for the reality that many applicants have established lives, families, and employment in the United States while lawfully pursuing permanent residency under longstanding practice.
USCIS has not clearly defined what qualifies as “extraordinary circumstances,” creating significant uncertainty for applicants.
Why are Iranian nationals particularly impacted?
Iranian nationals face unique barriers to consular processing, including:
- No functioning U.S. embassy or consulate in Iran due to a lack of formal diplomatic relations
- The need to travel to third countries for interviews
- Long visa delays and administrative processing
- Heightened security screening
- Regional instability and wartime conditions
- Existing visa bans and other restrictions affecting Iranians, such as the travel ban, USCIS pause of processing on Iranian applicants, and more
For many Iranians, being forced to leave the United States to process abroad creates serious legal, financial, and family risks.
Does this affect pending applications?
It remains unclear how USCIS will handle all pending adjustment applications. To date, USCIS has not indicated with certainty that applicants with pending cases must withdraw, revise, or resubmit their applications because of the new policy. However, USCIS makes clear that adjustment of status is considered a discretionary benefit decided at the time of adjudication, and applicants are not automatically entitled to approval even if they meet eligibility requirements.
Does this eliminate adjustment of status entirely?
Not necessarily. USCIS says adjustment of status may still be granted in “extraordinary circumstances” on a case-by-case basis. However, the agency has not provided clear standards for how those determinations will be made.
What should affected individuals do?
Individuals potentially affected by this policy should:
- Consult with an immigration attorney immediately — attorney contact information is listed at www.niacouncil.org/travelban
- Avoid international travel without legal advice
- Preserve documentation related to hardship, employment, or humanitarian concerns caused by this new rule in practice for your situation
What is NIAC doing about this?
NIAC has been supporting individuals affected by all of the administration’s harmful changes to the immigration process, including this latest update, in the following ways:
- Providing affected Iranians with access to legal resources, connecting them to their Congressional offices for assistance with their case, and identifying opportunities for public support including through media engagement if they’d like to tell their story – fill out the confidential intake form for help.
- Providing community education resources to help individuals and families understand how this action affects, including this initial FAQ on the recent announcement (with Persian translation included) and our support inbox: [email protected]
- Advocating directly to the Trump administration and Congress regarding the widespread harm this is causing to Iranians – See here for NIAC’s letter sent to Secretary of State Marco Rubio and Secretary of Homeland Security Markwayne Mullin calling for a reversal of this latest policy.
If you or someone you know has been affected by Trump’s travel ban, ICE detention, the USCIS pause or any other immigration issue, you are not alone, and we are here to help. Check out our resources at www.niacouncil.org/travelban or email [email protected] to get support.