USCIS tightens in‑country green card adjustments, spurring mandamus suits

On May 21, 2026 USCIS announced that adjustment‑of‑status applications (I‑485) filed while applicants are in the United States will no longer be generally available. Instead, the agency will treat in‑country adjustments as a discretionary, “special‑consideration” case and will usually require applicants to return to their home country for consular processing unless they can prove a compelling reason to stay.

The change affects the majority of Chinese‑origin applicants using EB‑2, EB‑3, F‑1, L‑1 or family‑based pathways. Existing I‑485 filings are not automatically dismissed, but pending cases will now be reviewed under stricter standards, leading to more Requests for Evidence and interview demands.

At the same time, USCIS’s backlog has reached a historic high of about 12 million pending cases as of FY 2025. Immigration lawyers are advising affected applicants—especially asylum seekers and those awaiting green cards—to file writs of mandamus, a federal court order that forces the government to act on delayed applications. Courts typically respond within 60 days, either granting the requested action or issuing a detailed rebuttal.