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.)