05/27/2026
IMPORTANT UPDATE FOR MARRIAGE-BASED RESIDENCY CASES
To my cherished community: We continue to see marriage-based Adjustment of Status cases APPROVED inside the United States, including for applicants with expired visas. However, there has been a noticeable change during USCIS interviews.
Recently, USCIS officers have begun asking several new questions at the end of certain marriage residency interviews, including:
• Why are you requesting Adjustment of Status within the United States instead of going through consular processing?
• Were you aware that consular processing was an option?
• Is there anything preventing you from leaving the United States to complete consular processing abroad?
• Why did you remain in the United States after your visa expired?
These questions are important because immigration attorneys across the country are beginning to observe a greater emphasis on discretionary review following the USCIS memorandum issued on May 21, 2026.
What does this mean?
It means that now, more than ever, cases must be prepared carefully and strategically — especially where there are:
• Visa overstays
• Prior immigration violations
• Complex immigration histories
• Previous entries, petitions, or status issues
At Global Hearts United Immigration Law, we continue to monitor these developments closely through real-time interview experience and evolving adjudication trends.
Every case matters. Proper preparation matters even more.
— Attorney Lemuel A. Carlos
Global Hearts United Immigration Law
Premier marriage and family based immigration law firm in Scottsdale, AZ
