What Is Consular Processing?

Consular processing is different.

Consular processing is when a person applies for an immigrant visa through the U.S. Department of State at a U.S. embassy or consulate outside the United States. USCIS describes consular processing as the method used when someone is outside the United States or when someone is not eligible to adjust status inside the United States.

There is also a related Department of State update. Effective November 1, 2025, the National Visa Center generally schedules immigrant visa applicants for interviews in the consular district of their place of residence, or in their country of nationality if requested, with limited exceptions. The Department of State also says rare exceptions may be made for humanitarian or medical emergencies or foreign policy reasons.

That Department of State rule is about where immigrant visa interviews abroad are scheduled. It is related to consular processing, but it does not mean every person inside the United States must leave.

Is USCIS No Longer Accepting Adjustment of Status Applications?

Based on the official information available now, that is not the correct way to say it.

USCIS still has a public page for adjustment of status. USCIS still has Form I-485. USCIS still explains that adjustment of status is one of the green card processes for eligible applicants inside the United States.

The more accurate statement is:

USCIS has not eliminated adjustment of status, but it has issued a policy memorandum directing officers to place greater emphasis on discretion and to treat adjustment of status as extraordinary relief.

That means a person may still file if they are eligible, but the case may now be reviewed with more attention to whether USCIS should approve the case as a favorable exercise of discretion.

What Are the Basic Eligibility Requirements for Adjustment of Status?

The eligibility requirements depend on the immigrant category, but in many cases, an applicant must generally show the following:

• The person is physically inside the United States.
• The person has a valid basis to immigrate, such as a family petition, employment petition, humanitarian category, or another recognized green card category.
• An immigrant visa is immediately available, unless the category is not subject to a waiting line.
• The person was generally inspected and admitted or inspected and paroled into the United States.
• The person is admissible to the United States or qualifies for a waiver.
• The person is not barred from adjustment under the applicable adjustment bars.
• The person deserves approval as a matter of discretion.

USCIS’s adjustment eligibility guidance explains that applicants must meet eligibility requirements to adjust status, and the U.S. Code also uses discretionary language when discussing adjustment under 8 U.S.C. § 1255.

What If Someone Has Been Married for Many Years But Never Filed?

A long marriage may be a strong positive fact, especially if the marriage is real, stable, and well documented.

For example, if a couple has been married for 10 or 15 years, has children together, pays taxes, owns or rents a home together, and has built a life in the United States, those facts may help show strong family and community ties.

But a long marriage does not automatically answer every legal question.

USCIS may still look at the person’s entry history, status history, prior immigration violations, possible inadmissibility issues, and whether the case deserves a favorable exercise of discretion. USCIS has not provided a public checklist saying that one fact, such as a long marriage, automatically qualifies as an “extraordinary circumstance.” USCIS’s general discretionary guidance says officers review the specific facts and circumstances of the individual case.

In this new environment, the case may need to be prepared with more than the basic marriage documents. It may also need a clear explanation of the family’s life, hardship, and reasons why adjustment inside the United States should be considered favorably.

What If the Person Has Nowhere to Go Back To?

This can be an important humanitarian factor, but it must be documented carefully.

Some people have lived in the United States for decades. They may have no close family left in their country of nationality. They may have no home, no employment, no access to needed medical care, or no real support system there.

Those facts may matter in a discretionary review, especially if consular processing would create serious hardship or long family separation. But general statements are usually not enough. A strong case may need evidence, such as medical records, proof of long residence in the United States, family records, affidavits, school records, employment records, tax records, and information about conditions in the other country.

Again, USCIS has not published a simple public checklist confirming that these facts automatically qualify as extraordinary circumstances. They may be positive factors, but they must be evaluated with the full immigration history.

What If the Couple Has Children Together?

U.S. citizen children may be a very important factor, especially when the children depend on both parents.

The argument may be stronger when a child has medical needs, emotional needs, special education needs, developmental concerns, or a strong caregiving relationship with the immigrant parent.

For example, if a U.S. citizen child has autism, a serious medical condition, therapy appointments, or an Individualized Education Program at school, the family should not simply say, “We have a child.” The case should explain how that child depends on the parent and what harm could happen if the parent had to leave the United States.

These facts may help support a favorable discretionary argument, but they do not guarantee approval.

What Other Factors May Help?

USCIS has not given the public a simple checklist of what will count as “extraordinary circumstances.” That means no one should promise approval based on one fact.

But in a discretionary case, the following facts may help when they are truthful and well documented:

• A long and genuine marriage to a U.S. citizen.
• S. citizen children.
• A child with medical, emotional, developmental, or educational needs.
• A U.S. citizen spouse with a serious illness or disability.
• The immigrant spouse serving as the main caregiver for a spouse, child, parent, or disabled family member.
• Many years of residence in the United States.
• A clean criminal record.
• Tax filing history.
• Steady work history.
• Church, school, volunteer, or community involvement.
• Strong evidence that the person has no meaningful home or support system abroad.
• Hardship that would result if the person had to leave the United States for consular processing.

These facts do not guarantee approval. But they may help USCIS understand the full human reality of the case. USCIS’s general discretionary guidance supports the idea that officers review all relevant facts and circumstances, not just one isolated document.

What Factors May Hurt the Case?

Some facts may make a case much harder.

These may include:

• Entry without inspection.
• Prior deportation or removal orders.
• Fraud or misrepresentation.
• Use of false documents.
• Criminal arrests or convictions.
• Multiple immigration violations.
• Failure to depart after being ordered removed.
• Weak marriage evidence.
• Prior immigration denials.
• Unlawful presence issues.

This is why it is dangerous to treat all cases the same. Two people may both be married to U.S. citizens, but their legal situations may be completely different.

Were Attorneys Already Filing Waivers Before This Memo?

Yes. Immigration attorneys were already reviewing cases for inadmissibility, unlawful presence, fraud issues, prior immigration problems, and waiver needs before this memo.

USCIS still maintains Form I-601, which is used to seek a waiver of certain grounds of inadmissibility. USCIS also maintains Form I-601A, which is used to request a provisional waiver of certain unlawful presence grounds of inadmissibility under INA § 212(a)(9)(B).

A complete case has always needed the correct forms, documents, evidence, and legal strategy.

What is different now is that USCIS is placing more emphasis on discretion in adjustment of status cases. So a complete application may need to be stronger, more carefully explained, and more focused on why the person should be allowed to complete the process inside the United States.

What Should Families Do Now?

If you are planning to file for a green card from inside the United States, or if you already filed, this is the time to be careful.

Do not rely only on social media.

Do not assume that every case is impossible.

Do not assume that marriage to a U.S. citizen fixes everything.

Do not leave the country without reviewing the consequences.

Do not file quickly without checking whether there are hidden problems.

A green card case should be reviewed carefully before filing, especially if there has been an overstay, unlawful presence, unauthorized employment, prior immigration denial, entry without inspection, fraud concern, prior deportation order, or criminal issue.

Frequently Asked Questions

Did USCIS eliminate adjustment of status?

No. USCIS still lists adjustment of status as a green card process and still maintains Form I-485. What changed is that USCIS issued a policy memorandum stating that adjustment of status will be granted only in extraordinary circumstances.

Is this a new law?

No. This is a USCIS policy memorandum, not a new law passed by Congress. Adjustment of status still exists under 8 U.S.C. § 1255, but USCIS is directing officers to apply discretion more strictly.

Can a spouse of a U.S. citizen still apply?

Possibly, depending on the facts. USCIS still recognizes green card eligibility for immediate relatives of U.S. citizens, but the person must still meet the legal requirements and may now face closer discretionary review.

Does an overstay always require a waiver?

Not always. In some immediate-relative cases, an overstay after lawful entry may not be the same as a separate waiver problem. But if the person leaves the United States, unlawful presence may create serious inadmissibility issues. This must be reviewed carefully before any travel. USCIS explains that unlawful presence can trigger inadmissibility consequences, and USCIS maintains Form I-601A for certain provisional unlawful presence waiver requests.

Are waivers still available?

Yes, where the law allows them. USCIS still maintains Form I-601 for certain inadmissibility waivers and Form I-601A for certain provisional unlawful presence waivers.

Should people rush to file?

People should not file blindly. Timing may matter, but filing without reviewing the full immigration history can be risky. A rushed application that ignores serious issues may create more problems.

Should people leave and apply from their country?

Not without legal advice. Consular processing may be appropriate in some cases, but leaving the United States can trigger bars or other immigration problems for some applicants. USCIS guidance on unlawful presence and provisional waivers shows why travel decisions must be reviewed carefully before departure.

My Final Advice

This new USCIS memo is serious, but it should not be misunderstood.

It does not mean every green card applicant must immediately leave the United States. It does not mean every pending case is automatically denied. It does not mean Form I-485 has disappeared.

But it does mean that adjustment of status may now be reviewed more strictly, with greater attention to discretion and whether the applicant should be allowed to complete the green card process inside the United States.

For families, preparation matters more than ever. If you are married to a U.S. citizen, have children, have lived here for many years, or already have a pending case, please do not make decisions based on fear or headlines. Your case must be reviewed based on your own facts.

 If you or a loved one is planning to file for a green card, already filed for adjustment of status, or is being told to leave the United States for consular processing, you may contact my office at 305-671-0018.