More Post-Memo AOS Approvals: USCIS Is Still Approving F-1, B-2, H-1B, USC, and LPR Spouse Cases
Two More Post-Memo Approvals
Since my last update, I have seen two more marriage-based Adjustment of Status approvals after the May 21, 2026 USCIS memo.
1. F-1 Student Married to U.S. Citizen
One approved case involved an F-1 student married to a U.S. citizen.
The couple met in June 2024, started dating in July 2024, moved in together in February 2025, became engaged in July 2025 during a family visit in Indiana, and married in August 2025.
The I-485 and I-130 were filed in March 2026 while the beneficiary’s OPT was still valid through June 2026.
This approval is helpful because it shows that F-1/OPT cases are still being approved when the applicant has a natural relationship timeline, valid F-1/OPT status at filing, and no major status or unauthorized employment issues.
2. B-2 Visitor Married to U.S. Citizen
Another approved case involved a beneficiary who entered the United States on a B-2 visitor visa.
The beneficiary had prior F-1 history and had graduated from school in Canada in November 2025. The couple began dating in May 2025. The beneficiary entered the United States on December 25, 2025 using a B-2 visa to spend Christmas and New Year holidays, with a planned return trip from Washington, DC to Toronto on January 5, 2026.
After entry, the petitioner’s father had late-stage cancer, and the beneficiary stayed to emotionally and physically support the petitioner and the petitioner’s mother, including helping with transportation and daily support. The couple later changed their mind from B-2 temporary visit to Adjustment of Status in early April 2026 and married on April 6, 2026.
This approval is meaningful because B-2 cases are often viewed as more sensitive under the new memo. However, this case shows that USCIS is not automatically denying B-2 to AOS cases where the facts show a temporary entry purpose, a documented return plan, changed family circumstances after entry, and strong humanitarian or family support reasons.
What These Additional Approvals Show
These new approvals continue to support the same practical takeaway:
Adjustment of Status is not dead.
USCIS is still approving marriage-based AOS cases, including F-1, OPT, B-2, H-1B, and LPR/USC spouse cases. However, preparation matters more now than before.
The strongest cases continue to be those where the applicant can show:
lawful entry;
credible original visa purpose;
valid status at filing when required;
no unauthorized employment;
strong marriage evidence;
documented changed circumstances if the case involves B-2;
and a clear explanation for why Adjustment of Status was appropriate.
My current view remains that the May 21, 2026 memo increases discretionary scrutiny, but it does not create a blanket denial policy. Officers are still reviewing the facts case by case.
