One Week After the New USCIS Adjustment of Status Memo: What I Am Actually Seeing
Since USCIS issued its May 21, 2026 memorandum regarding Adjustment of Status (AOS), I have received hundreds of questions from current and prospective clients. Many people are understandably worried after reading social media posts suggesting that all applicants will now be required to return to their home countries for consular processing.
After spending the past week reviewing the memo, monitoring cases, and discussing developments with clients, I would like to share what I am actually seeing in practice.
First, Adjustment of Status Is Not Dead
Despite some alarming online discussions, I have personally seen the following approvals after the memo was issued:
F-1 student married to a U.S. citizen: approved on May 27, 2026
B-2 overstay married to a U.S. citizen: approved on May 28, 2026
Of course, two approvals do not mean the memo has no effect. However, they do show that USCIS is still approving marriage-based Adjustment of Status cases after the memo was issued.
At this time, I have not seen evidence that USCIS has stopped adjudicating or approving Adjustment of Status applications.
What Is USCIS Focusing On?
The memo repeatedly emphasizes several themes:
Adjustment of Status is discretionary.
Consular Processing (CP) is the ordinary immigrant visa process.
Applicants should comply with the purpose of their nonimmigrant status.
Officers should evaluate the totality of circumstances.
Officers should consider both positive and negative discretionary factors.
As a result, I expect USCIS officers to ask more questions about:
Why the applicant chose Adjustment of Status instead of Consular Processing.
Whether the original purpose of entry was legitimate.
Whether the applicant complied with the terms of their status.
What changed after entry that led to the green card application.
A New Interview Question I Expect to See More Often
I have started seeing reports that some USCIS officers are asking questions such as:
Why did you apply for Adjustment of Status instead of Consular Processing?
What prevented you from leaving the United States and completing the immigrant visa process abroad?
Why didn't you leave when your temporary status expired?
I believe applicants should be prepared for these questions.
What Should Applicants Say?
The answer should always be truthful and based on the client's actual circumstances.
However, I generally do not recommend answers such as:
"AOS was easier."
"I didn't want to leave."
"Consular Processing takes too long."
"Everyone files AOS."
These answers can reinforce the concern discussed in the memo that AOS is being used simply to bypass the normal immigrant visa process.
Instead, applicants should focus on their actual circumstances and explain why AOS became available later.
Example for Long-Term F-1 Students
A stronger answer might be:
"I entered the United States as a genuine F-1 student and maintained my student status for several years. While living in the United States, my relationship developed naturally and we later got married. Once we became eligible, Adjustment of Status was a lawful option available to us, and I was already living and studying here."
Example for H-1B Professionals
A stronger answer might be:
"I was already lawfully living and working in the United States under H-1B status. My employment, home, and family life were here. When I became eligible through marriage, Adjustment of Status was a lawful option available to me."
Example for B-2 Visitors
A stronger answer might be:
"When I entered the United States, my purpose was temporary and consistent with my B-2 status. After entering, my circumstances changed, my relationship progressed, we got married, and later decided to pursue Adjustment of Status."
The key point is demonstrating that the original entry was legitimate and that circumstances evolved after entry.
What Evidence Should Applicants Keep?
Under the memo, I believe it is increasingly important to preserve evidence that supports the overall timeline.
For F-1 students:
I-20s
Transcripts
SEVIS records
Tuition payments
Diplomas
Employment records for OPT/STEM OPT
For H-1B workers:
H-1B approval notices
Pay stubs
Tax returns
Employment verification letters
For B-2 entrants:
Round-trip flight reservations
Hotel reservations
Travel itineraries
Evidence of planned return travel
Evidence of employment, school, or residence abroad
For everyone:
Relationship timeline
Photos
Joint financial documents
Lease agreements
Insurance documents
Children's birth certificates, if applicable
My Current Takeaway
One week after the memo, my current view is:
Adjustment of Status remains available.
USCIS is still approving cases.
Long-term F-1 students continue to have strong cases.
H-1B and L-1 holders continue to have strong cases.
B-2 cases may receive increased scrutiny, but I have already seen a B-2 overstay married to a U.S. citizen approved after the memo.
Interview preparation is becoming more important.
Most importantly, applicants should focus on telling the truth, maintaining consistency, and preserving documents that support their immigration history.
I will continue monitoring how USCIS applies this memo in real-world cases and will provide updates as more information becomes available.
