Update on the May 21, 2026 USCIS Adjustment of Status Memo
On May 29, 2026, I published an update about the new USCIS memorandum regarding Adjustment of Status (AOS). Since then, I have continued to monitor real case results, interview trends, and client concerns.
Many people are still worried that the memo means all applicants must leave the United States and complete Consular Processing. Based on what I am seeing so far, that is not correct.
Adjustment of Status is still available. USCIS is still approving marriage-based Adjustment of Status cases after the memo.
1. What I Have Seen Since the Memo
In my May 29 update, I shared that I had already 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
Since then, I have seen additional approvals, including LPR-based marriage green card cases.
LPR & B-2 Case Approved
One approved case involved an LPR petitioner and a beneficiary who entered the United States on a B-2 visa.
The timeline included:
B-1/B-2 visa issued on November 29, 2019
J-1 visa issued from December 28, 2018 to June 13, 2019, subject to the two-year home residency rule
Entered the United States on December 2, 2021 using a B-2 visa
Admitted until May 30, 2022
Originally planned to stay only a few weeks, visit the petitioner, and return to China to continue looking for jobs
Proposed on February 14, 2022
Initially planned to apply for an immigrant visa through the U.S. Consulate in Guangzhou
Later changed the plan from Consular Processing to Adjustment of Status after marriage on March 7, 2022
The petitioner later commuted between Wisconsin and New York from November 2025 to May 2026
Interview completed on May 26, 2026
Case approved on June 10, 2026
This approval is important because it shows that USCIS is still approving LPR-based Adjustment of Status cases after the memo, even when the beneficiary originally entered with a B-2 visa.
LPR & H-1B Case Approved
Another approved case involved an LPR petitioner and a beneficiary with F-1 and H-1B history.
The timeline included:
Entered the United States on October 1, 2018 using an F-1 visa
I-130 and I-485 filed on March 28, 2022
Maintained H-1B status from October 1, 2020 to August 2023
Started using the Adjustment of Status combo card to work in November 2023
Interview completed on May 11, 2026
Case approved on June 9, 2026
This approval is also important because it shows that USCIS is still approving LPR-based Adjustment of Status cases involving long immigration history, H-1B status, and later use of the AOS-based work authorization.
2. What These Approvals Mean
These approvals do not mean the May 21 memo has no effect.
However, they do show that:
Adjustment of Status is not over.
USCIS is still approving marriage-based AOS cases.
USCIS is still approving LPR-based AOS cases.
B-2-related AOS cases can still be approved.
H-1B and other lawful employment histories remain strong positive factors.
The memo appears to create more careful discretionary review, not an automatic denial policy.
3. What the Memo Actually Says
The May 21, 2026 memo says that Adjustment of Status is discretionary. It also says that Consular Processing is generally the ordinary immigrant visa process.
This means USCIS officers may now look more closely at the full history of the case.
Officers may ask:
Why did the applicant choose Adjustment of Status instead of Consular Processing?
Did the applicant follow the purpose of the original visa?
Did the applicant maintain lawful status?
Did the applicant work without authorization?
Did the applicant overstay?
Did circumstances change after entry?
Are there strong positive factors supporting approval?
The memo does not say that every applicant must leave the United States.
The memo does not say that all F-1, B-2, H-1B, L-1, or LPR-based AOS cases will be denied.
The memo does mean applicants should prepare more carefully.
4. What I Am Seeing From Denial Reports
I have also reviewed reports of denials after the memo.
The denials I have seen so far usually involve more serious negative factors, such as:
Long periods out of status
Extensive unlawful presence
Unauthorized employment
Failure to maintain the original visa status
Weak explanation for why the applicant did not leave the United States
These cases are very different from many cases involving long-term F-1 students, H-1B workers, L-1 workers, O-1 workers, or applicants who were maintaining lawful status when the I-485 was filed.
The lesson is not that Adjustment of Status is no longer available.
The lesson is that discretionary factors now matter more.
5. What Cases Still Look Strong
Based on what I am seeing, the following cases still generally look strong:
Long-term F-1 students who genuinely studied and maintained status
F-1 students who filed I-485 while maintaining valid F-1 status
H-1B workers
L-1 workers
O-1 workers
Applicants who originally selected Consular Processing and later changed to Adjustment of Status after circumstances changed
Applicants with no unauthorized employment
Applicants with no long period of unlawful presence
Applicants with strong family, medical, educational, professional, or community ties in the United States
These cases may still need more careful preparation, but the memo does not automatically make them high-risk.
6. B-2 Cases Need More Careful Preparation
B-2 cases may receive more scrutiny because B-2 is a temporary visitor category.
USCIS may ask whether the applicant truly entered temporarily, or whether the applicant entered with a plan to remain permanently.
For B-2 cases, it is helpful to keep evidence showing:
Original temporary purpose of entry
Return flight ticket or planned return travel
Foreign residence, employment, or school ties
A clear explanation of what changed after entry
Timing of marriage and I-485 filing
No unauthorized employment before receiving an EAD
No long overstay before filing
A B-2 case is not automatically bad. I have seen B-2-related approvals after the memo. But these cases should be prepared carefully and truthfully.
7. Interview Questions Applicants Should Prepare For
I expect more USCIS officers to ask questions such as:
Why did you apply for Adjustment of Status instead of Consular Processing?
What prevented you from completing the immigrant visa process abroad?
Why did you remain in the United States after your temporary purpose ended?
Applicants should answer truthfully and consistently.
I generally do not recommend answers such as:
“Adjustment of Status was easier.”
“Consular Processing takes too long.”
“I did not want to leave.”
“Everyone files AOS.”
These answers may make it sound like the applicant used AOS only to avoid the ordinary consular process.
A stronger answer depends on the facts of the case.
For a long-term F-1 student:
“I entered the United States as a genuine F-1 student and maintained my student status for many years. While living and studying in the United States, my relationship developed, we later married, and Adjustment of Status became a lawful option available to us.”
For an H-1B worker:
“I was already lawfully living and working in the United States in H-1B status. My employment, residence, and family life were established here. Adjustment of Status was legally available while I was already living and working in the United States.”
For a B-2 visitor:
“When I entered the United States, my purpose was temporary and consistent with my B-2 visa. After entry, my circumstances changed, our relationship or family situation changed, and we later decided to pursue Adjustment of Status.”
The answer should not be memorized. It should be honest and based on the applicant’s real timeline.
8. What Evidence Applicants Should Keep
Because USCIS may now focus more on discretionary factors, applicants should keep records that support the full immigration and relationship history.
For F-1 Students
I-20s
Transcripts
Diplomas
Tuition records
SEVIS records
OPT or STEM OPT documents
Employment records during OPT or STEM OPT
For H-1B, L-1, or O-1 Workers
Approval notices
Pay stubs
W-2s
Tax returns
Employment verification letters
Job offer letters
For B-2 Visitors
Return flight reservations
Travel itineraries
Hotel reservations
Evidence of foreign residence
Evidence of foreign employment or school
Evidence showing the original temporary purpose of entry
For Marriage-Based Applicants
Relationship timeline
Photos
Joint lease or mortgage documents
Joint bank or credit card records
Insurance records
Tax records
Children’s birth certificates, if applicable
Medical or caregiving records, if relevant
Evidence of community ties
9. My Current Takeaway
My current view is:
Adjustment of Status is still available.
USCIS is still approving marriage-based AOS cases.
USCIS is still approving LPR-based AOS cases.
B-2-related cases can still be approved.
Long-term F-1 history remains a strong positive factor when the applicant genuinely studied and maintained status.
H-1B, L-1, and O-1 histories remain strong positive factors.
Cases involving long unlawful presence, unauthorized employment, or serious status violations now require much more careful preparation.
The May 21 memo does not mean everyone must return to their home country for Consular Processing.
However, it does mean applicants and attorneys should take discretionary evidence more seriously.
In the past, many marriage-based cases focused mainly on whether the marriage was real and whether the applicant met the basic eligibility requirements.
Going forward, I believe we also need to focus carefully on why the applicant deserves a favorable exercise of discretion.
This means preparing not only marriage evidence, but also immigration history, status compliance, family ties, hardship factors, education, employment, medical circumstances, and reasons for pursuing Adjustment of Status.
I will continue monitoring real case outcomes and will share additional updates as USCIS applies this memo in practice.
