05/22/2026
US ENDS 50-YEAR OLD PRACTICE AFFORDING ADJUSTMENT OF STATUS TO NON-IMMIGRANTS WHO ARE LAWFULLY IN THE COUNTRY.
Up until May 21, 2026 certain non-immigrants in the US who entered with a temporary visa could Adjust Status and obtain a Green Card while still present in this country, as long as they were eligible under law and were thoroughly vetted.
BELOW is an expanded explanation. Read carefully. Every word and phrase is important.
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For 50 years, certain categories of nonimmigrants and foreign students have been able to successfully apply for Adjustment of Status (AOS) when they originally entered the U.S. with lawful, nonimmigrant intent, and their circumstances later genuinely changed. Typical success scenarios dependeded heavily on their specific visa type and relationship to a U.S. petitioner.
CATEGORIES AND RULES EXPLAINED
1. Immediate Relatives of U.S. Citizens
• The Rule: If they entered legally (inspected and admitted on a tourist/student visa) and marry a U.S. citizen, or are the parent of a U.S. citizen over 21, they are considered an "Immediate Relative".
• When it works: They can file a concurrent AOS application (Form I-130 and Form I-485) as long as they can prove they entered the U.S. with temporary intent and did not commit visa fraud (i.e., they didn't plan to immigrate prior to entering the country).
2. Family-Sponsored or Employment-Based Categories
• The Rule: They enter the U.S. legally, but their underlying visa petition allows for "dual intent" or they qualify for an exception under Section 245(i) of the INA.
• When it works:
• Dual Intent Visas: Categories like H-1B, L-1, or O-1 allow them to apply for a green card or change their status to an immigrant at any point without violating their visa status, as they are legally permitted to hold "immigrant intent".
• Standard Categories (EB-2, EB-3, Family Preference): Students (F-1) and tourists (B-1/B-2) can file AOS in these categories, but they must maintain their underlying nonimmigrant status perfectly until the exact day their priority date becomes current and their I-485 is filed.
3. The 90-Day Rule
• When it works: If they apply for AOS shortly after entering as a tourist or student, USCIS scrutinizes their original intent. Historically, USCIS used a strict "30/60/90-day rule." While this exact rule is no longer officially in place, USCIS will investigate and could deny their AOS if they take major steps toward permanent residency (such as marrying and filing) within the first 90 days of their entry.
4. Who Generally Cannot Adjust Status
• Visa Waiver Program (ESTA): If they entered on ESTA (WT/WB status), they cannot adjust status unless they are the immediate relative of a U.S. citizen.
• J-1 Exchange Visitors: If their J-1 status subjects them to the two-year home-country physical presence requirement, they cannot adjust status until they return home for two years or obtain an approved Form I-612 waiver.
Key Eligibility Checklists
To successfully file for AOS from within the United States, they generally must meet these USCIS Adjustment of Status criteria:
• Lawful Entry: They must have been physically inspected and admitted/paroled into the U.S.
• Visa Availability: An immigrant visa must be immediately available to them (i.e., their Priority Date is current based on the Visa Bulletin).
• Admissibility: They must not have any bars to AOS, such as unlawful presence without an exception, criminal records, or prior immigration fraud.
IF YOU REACHED THIS POINT, READ THE FIRST COMMENT AND THE REPLY TO LEARN HOW AND WHY THE CURRENT ADMINISTRATION HAS DONE AWAY WITH THIS EXTREMELY STRICT PROCESS BEGINNING ON MAY 22, 2026.
