More Post-Memo Approvals: B-2/LPR, H-1B/LPR, and F-1/USC Cases Still Approved
Additional Post-Memo Approval Updates
Since my last update, I have seen three more marriage-based Adjustment of Status approvals after the May 21, 2026 USCIS memo. These approvals are important because they show that USCIS is still approving family-based AOS cases across different nonimmigrant categories, including B-2, F-1, and H-1B cases.
1. B-2 Visitor and Green Card Holder Spouse Case Approved
One approved case involved a beneficiary who entered the United States on a B-2 visitor visa. The petitioner was a green card holder. The beneficiary originally planned to stay temporarily for about three to four months to help care for the couple’s three children. The couple later married in the United States.
The I-130 was initially filed for Consular Processing through the Guangzhou Consulate. Shortly afterward, the couple changed their mind and decided to pursue Adjustment of Status instead. The I-485 was later filed in the United States, and the I-130 was amended from Consular Processing to Adjustment of Status.
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/LPR cases simply because the applicant later changed from Consular Processing to AOS. The facts, family circumstances, children, original temporary purpose, and overall credibility still matter.
2. H-1B and Green Card Holder Spouse Case Approved
Another approved case involved a beneficiary with F-1 history who later changed to H-1B. The couple met through LinkedIn, met in person later, dated, became engaged, and married. The I-130 was initially filed for Consular Processing because the beneficiary was outside the United States at the time.
The beneficiary later obtained an H-1B visa, entered the United States in H-1B status, and the I-130 was amended from Consular Processing to Adjustment of Status.
This approval is also important because it shows that USCIS is still approving LPR-spouse AOS cases where the beneficiary has a valid H-1B status. H-1B remains one of the stronger nonimmigrant categories in this memo environment because it is a dual-intent classification and generally supports a cleaner immigration posture.
3. F-1 Student and U.S. Citizen Spouse Case Approved
A third approved case involved an F-1 student married to a U.S. citizen. The couple met in June 2024, began dating in July 2024, moved in together in February 2025, became engaged in July 2025, and married in August 2025. The I-485 and I-130 were filed in March 2026 while the beneficiary’s OPT remained valid until June 2026.
This approval is helpful because it confirms that F-1/USC spouse cases are still being approved after the memo, especially where the applicant maintained F-1/OPT status, had a natural relationship timeline, and filed AOS while still in a valid immigration posture.
What These Approvals Tell Us
These approvals do not mean every case is safe or that the memo should be ignored. The memo still gives USCIS officers more room to review the applicant’s immigration history, status compliance, and why Adjustment of Status was chosen instead of Consular Processing.
However, these approvals show that USCIS is not applying a blanket denial policy.
The strongest cases continue to be those with:
lawful entry;
clean immigration history;
no unauthorized employment;
valid status at the time of filing when required;
strong marriage evidence;
credible explanation for choosing AOS;
and positive family or humanitarian circumstances.
My current view remains the same: Adjustment of Status is not dead. But preparation matters more now than before. Applicants should be ready to explain their immigration history, original visa purpose, relationship timeline, and why AOS is appropriate based on their specific facts.
