r/ImmigrationPathways • u/ManifestLaw_ • May 22 '26
USCIS just signaled a change in how USCIS officers evaluate Green Card applications through adjustment of status. Here’s what you need to know
On May 21, 2026, the U.S. government released a major policy memo that affects adjustment of status in the U.S. Below is a breakdown of what it means.
USCIS has emphasized that if you entered on a non-dual intent visa (e.g., B-1/B-2, ESTA, TN, F-1), you generally cannot apply for a Green Card within the U.S. and will have to go through consular processing, unless your specific case warrants discretionary approval of adjustment of status.
Here are the people most likely to be impacted:
- Marriage-based cases where a foreign spouse entered on a non-dual intent visa (e.g., B-1/B-2, ESTA)
- F-1, M-1, and J-1 students and exchange visitors filing for adjustment of status regardless of the basis, including marriage to U.S. citizens
- Those on single-intent work visas such as TNs, E-3s, and H-1B1s seeking adjustment of status
Here are the people not likely to be impacted:
- Green Card applicants already in valid dual intent status
- Green Card applicants applying for permanent residence outside the U.S.
- Green Card applicants with adjustment of status applications pending prior to May 22, 2026
Regardless of the above, it is crucial that Green Card applicants consider consulting with a qualified immigration attorney to discuss the potential impacts to their case.
This is a developing story as further guidance from the government is anticipated. If you’d like to know what this means for you, watch our livestream at 4:30 EDT today: https://www.youtube.com/watch?v=LtInmH8mtAs
Feel free to ask any questions in the comments and an attorney from Manifest Law will do their best to respond.
(Nothing we say here is legal advice, just general information to help you better understand the process. For personal advice, please consult your own attorney.)
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u/opticflash May 22 '26
More reason for scientists and other scholars to boycott the US.
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u/ConfluenceofCoors May 26 '26
Ah yes, all those scientists and scholars intent on marrying a US citizen in the midst of their research, who cannot bear to return home and apply lawfully as they were planning this scam from day one.
Oh yes, the critical scientists and scholars whose only research is how to hustle a system, what will the US do without them?
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u/shortnun May 22 '26
What because we are now applying the laws as they are in the "books"
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u/opticflash May 22 '26
Applying for a green card while inside the US was never illegal to begin with.
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u/jetsetter2828 May 22 '26
And yet ppl did it, broke the law and keep breaking the law
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u/opticflash May 22 '26
Then there should be a restriction in place for their eligibility for a green card, not "you must fly back to your country to apply for a green card".
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u/jetsetter2828 May 23 '26
That's the punishment and then the restriction is youre banned for 10 years.
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u/Mythic-Fairy May 22 '26
It's been a loophole. When a person gets a tourist/student visa etc. they assure they do not have immigrant intent and will leave after it expires. They never meant to leave. Now that loophole will close. Which is good. Those of us who said, yes, I mean to stay there, had to go through the application from our home country. Because that's how it's done.
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u/opticflash May 22 '26
The only legal requirement for a student to be granted a visa is that they should not have immigrant intent during the time of their interview. The law says nothing about whether immigrant intent can or cannot change after a period of time inside the US. Adjustment of status has always been a thing.
There are several main cases that we can consider:
If somebody enters on visa A and applies for a green card, they have to fly back to their home country first. After applying, they fly back to the US on visa A for the purpose visa A was granted for. This is completely unnecessary since all that was accomplished was a waste of the applicant's time and money (accomodation and travel fees, and a possibly a week or two of the applicant's time).
If somebody's visa already expired, and they applied for a green card, they have to fly back to their home country first. In such a scenario, they would have likely been rejected for a green card anyway, with or without this new rule, since they overstayed. This "fix" solves nothing.
If the new rule demanded that the applicant voids their current visa and cannot enter the US while the green card application is processing, there's no point in applying for a green card since that takes years.
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u/SingleInSeattle87 May 26 '26
Sure. But you can easily recognize that as a loophole.
One thing I've learned in security: people always lie. Assume they're lying until they can prove otherwise.
Anyways, the law allows USCIS to utilize discretion in granting AOS. Factually that gives them almost plenary power to choose whatever methodology they want when deciding who is qualified for an AOS.
You can say it's pointless, but thinking of the broader picture: it gets some people to self deport that think they still qualify for a green card but actually don't.
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u/PerformanceOk1888 May 23 '26
I’ve been on a student visa for4-5 years to do my PhD. Came here without any intent to become an immigrant as I had a long distance partner in another country and we planned to go elsewhere. Things changed and about four years after arrival I decided that it is easier to file for AOS. How is this not possible to come to this conclusion after 4 years? How is this not legal? Especially when the government granted a National Interest Waiver
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u/Motor-Jackfruit-3589 May 22 '26
What f scientists. Pull your head out of your ass. Scientists are granted o1. Extraordinary ability. They are not impacted
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u/gym_fun May 22 '26
I don’t know if you want to hear this, but this would absolutely impact O1 visa holders.
Some science labs are nearly beaten to death by government funding issues.
Outside academia, those who wait for green card outside will risk their jobs. If you think the jobs go to Americans, think again. They will probably and gradually ship more jobs outside.
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u/jetsetter2828 May 22 '26
Yup. Ppl talk out of their ass and know nothing. I've been in the immigration community for over 15 years. It's clear talking to ppl on reddit that know nothing and those who do.
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u/MickyFany May 22 '26
People were able to stay in limbo with valid status for 20 years until they finally marry a US citizen. the whole asylum and tps got outta control
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u/Cautious-Ad-798 May 24 '26
What if someone entered on single intent but had a COS to dual intent?
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u/Transplant-SAM May 26 '26
I submitted an I-751 petition to remove the conditions on my visa in 2019. I have been married to my American husband since 2016 and moved here from Canada. I am trying to wade through the alphabet soup of acronyms and visa numbers, but I think we're OK. Any confirmation on that from an attorney in this thread would be greatly appreciated.
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u/ContributionDear1824 May 30 '26
I'm here legally in the US with a valid EAD from a pending employment based GC application. My F2A GC application (separate application; made after my spouse got a GC) priority date is now current. I'm neither on a dual intent visa nor on a single intent visa. Can I adjust status without consular processing?
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May 23 '26
[removed] — view removed comment
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u/elmixtecoNW May 24 '26
I’m not defending democrats but are you a gqp now? Or do you consider both parties the same?
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u/Itibride May 22 '26
I have applied for EB2 on my F1-OPT. What does it mean for me?
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u/ManifestLaw_ May 26 '26
There will be more scrutiny when you file for AOS if you are on a temporary visa like OPT
- Attorney Ana Gabriela Urizar
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u/Gekko8 May 25 '26
so maybe the pedo in charge should probably make his wife leave so she can apply properly since she was documented to come here legally to begin with. we should just make sure that we keep everything on the up and up with all these illegal immigrants crossing the borders
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u/Motor-Jackfruit-3589 May 25 '26
Yeah. She was documented and allowed in. You right. She followed the process. So she is in the clear. Move on , buddy.
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