"Adjustment of status" is the process by which foreign nationals already in America apply for a green card—lawful permanent residency—without leaving the country. It was created by the Immigration and Nationality Act of 1952. Eligible foreigners, including those who marry American citizens, may apply even if they later overstayed a visa or otherwise violated its terms. In 2024, 58% of the almost 1.4m people who obtained green cards did so through adjustment of status from within America; immediate relatives of citizens—spouses, parents and children—account for a majority of applicants.
On May 22nd 2026 the Citizenship and Immigration Services (USCIS) said the administration would end the practice except in "extraordinary circumstances", requiring applicants to instead use "consular processing" from outside the country. Many "temporary" visas are explicitly designated by law as "dual intent", meaning they allow foreigners to arrive while intending to stay permanently. Returning home is often infeasible: the administration has paused visa processing in 75 countries (including Cuba and Afghanistan), which accounted for over 40% of 2024 adjustment-of-status applications; in India consular waits can stretch beyond a year; and applicants unlawfully present in America for more than a year face an automatic ten-year ban on re-entry if they leave. Immigration lawyers expect the policy to be challenged in court.
Moderation is a fatal thing. Nothing succeeds like excess.