05/24/2026
🚨 MAJOR USCIS POLICY UPDATE 🚨
USCIS has now formally issued policy guidance stating that Adjustment of Status is an “extraordinary” form of relief and should not replace the normal consular immigrant visa process.
What does that mean?
USCIS is signaling that many individuals who entered the U.S. on temporary visas or parole may increasingly be expected to return to their home country for immigrant visa processing instead of applying for a Green Card inside the United States.
This may affect people who entered on:
-B-1/B-2 visitor visas
- F-1 student visas
- H-1B work visas
- J-1 exchange visas
- L-1 visas
- O visas
- TN visas
- P visas
- H-2A/H-2B visas
…and certain parole programs.
⚠️ The memo specifically instructs officers to consider:
▪️ whether the person was expected to depart the U.S. after their temporary stay
▪️ whether they violated the terms of their visa
▪️ whether they could have completed consular processing abroad instead
▪️ whether they are truly deserving of a favorable exercise of discretion
This does NOT automatically mean all marriage-based or immediate relative adjustment cases will be denied. However, USCIS appears to be preparing officers to apply stricter discretionary review in many Adjustment of Status cases.
🚨 If you are considering filing for a Green Card through marriage or another pathway, now is NOT the time to file without understanding the risks or speaking to an attorney.
