USCIS Adjustment of Status Memo (May 2026): What Marriage-Based Green Card Applicants Should Know

Written By Ying Xiang

On May 21, 2026, USCIS issued a new policy memorandum regarding Adjustment of Status (Form I-485). The memo has caused significant concern among immigrants and families because some news headlines suggested that USCIS may stop approving green cards inside the United States and require applicants to return abroad for consular processing.

As an immigration attorney, I want to provide a more practical and balanced explanation of what this memo actually says — and what it likely means for real marriage-based green card cases.

What Is Adjustment of Status?

Adjustment of Status (“AOS”) is the process that allows certain individuals already inside the United States to apply for permanent residence (green card) without leaving the country for a visa interview abroad.

This is commonly used in marriage-based green card cases involving:

  • spouses of U.S. citizens;

  • spouses of green card holders (F2A);

  • F-1 students;

  • H-1B workers;

  • B-2 visitors;

  • and other nonimmigrant visa holders.

What Does the New Memo Say?

The memo emphasizes that Adjustment of Status is:

  • discretionary;

  • a matter of administrative grace;

  • and not automatically guaranteed even if someone meets the basic eligibility requirements.

The memo also states that USCIS officers should carefully review:

  • immigration history;

  • status violations;

  • unauthorized employment;

  • fraud or misrepresentation concerns;

  • conduct inconsistent with visa purpose;

  • moral character;

  • and overall discretionary factors.

The memo repeatedly explains that USCIS views consular processing abroad as the “ordinary” immigration process, while Adjustment of Status inside the United States is considered an “extraordinary” form of relief.

Important: The Memo Does NOT End Adjustment of Status

Despite alarming headlines, the memo does NOT say:

  • all I-485 cases will be denied;

  • marriage-based green cards are no longer available;

  • pending I-485 cases are invalid;

  • or everyone must leave the United States immediately.

USCIS cannot eliminate Adjustment of Status simply through a policy memo. Congress created Adjustment of Status under INA §245, and USCIS must still follow the immigration statute.

The memo mainly reminds officers to apply discretionary analysis more carefully.

Why Are So Many People Panicking?

Part of the confusion comes from USCIS press statements and media coverage that used much stronger language than the memo itself.

Some headlines stated:

  • “Green Card Seekers Must Leave U.S. to Apply”

  • “Adjustment of Status Only in Extraordinary Circumstances”

  • “Foreigners Must Return Home to Apply for Green Cards”

These headlines understandably frightened many immigrants.

However, the actual memo itself is more nuanced and repeatedly discusses case-by-case discretionary review rather than a complete elimination of Adjustment of Status.

What Cases May Receive More Scrutiny?

In my opinion, the memo may lead USCIS officers to scrutinize certain categories more heavily, especially:

  • B-2 visitor visa entrants who later file I-485;

  • cases involving status violations;

  • unauthorized employment;

  • prior overstays;

  • or facts suggesting preconceived immigrant intent.

This may especially affect some F2A (green card holder spouse) cases because maintaining lawful status before filing I-485 is extremely important in those cases.

For example:

  • B-2 + pending I-130 + later I-485 filing;

  • B-2 + green card holder spouse;

  • or cases where USCIS believes the applicant entered temporarily but already intended to remain permanently

may receive increased discretionary review.

What Cases Still Look Relatively Strong?

At this time, many common marriage-based cases still appear relatively strong, including:

  • spouses of U.S. citizens who entered legally;

  • applicants who maintained lawful status when I-485 was filed;

  • H-1B holders (dual intent category);

  • F-1 students with clean immigration history;

  • applicants without criminal issues or fraud concerns.

What Practical Changes May Happen?

The most likely real-world impact may include:

  • more Requests for Evidence (RFEs);

  • more Notices of Intent to Deny (NOIDs);

  • longer processing times;

  • more detailed discretionary review by USCIS officers.

This does NOT automatically mean denial.

What Should Applicants Do Right Now?

If your I-485 is already pending:

  • do not panic;

  • do not withdraw your application;

  • continue maintaining lawful status if possible;

  • avoid unauthorized work;

  • avoid international travel without legal advice;

  • keep records of your immigration history and school/employment documents.

If you have not filed yet:

  • If you are existing client, contact me via Clio; If you are potential clients, please make a consultation with me via xianglaw.com/contact.

  • filing strategy may become more important depending on your visa history and immigration category.

Final Thoughts

This memo is important, and I do believe USCIS may apply stricter discretionary review going forward. However, many media headlines overstated the immediate effect of the policy.

At this time, Adjustment of Status still exists, marriage-based green cards are still being approved, and many applicants remain eligible to proceed.

Each case is different. Immigration history, visa category, status maintenance, and the facts surrounding entry into the United States may matter more now than before.

If you have concerns about your specific situation, speak with an experienced immigration attorney before making decisions based on social media or headlines alone.

Ying Xiang