Aatithya Tamrakar

Aatithya Tamrakar Immigration paralegal and a Notary public.

05/28/2026

Good News: I-485 Approvals Are Still Happening After the New USCIS Memo

Many applicants have been concerned after the recent USCIS policy memo dated May 21, 2026, which emphasized that Adjustment of Status is a discretionary benefit and that USCIS officers may review cases more carefully before approving Form I-485.

The important update is this: I-485 cases are still being approved. In fact, we received a few I-485 approvals this week even after the new memo was published.

This is a positive sign for applicants, but it does not mean cases should be taken lightly. The memo does not cancel Adjustment of Status. It does not mean every case will be denied. However, it does mean applicants should be more careful and better prepared than before.

Recently, one of the main issues being asked during I-485 interviews is:
Why did the applicant choose Adjustment of Status inside the United States instead of consular processing abroad?

Officers may also ask whether consular processing was possible, and if it was possible, whether there was any valid reason that restricted or discouraged the applicant from applying through the U.S. consulate in their home country.

Applicants should be prepared to clearly explain their situation, including reasons such as family unity, hardship, medical concerns, safety concerns, financial limitations, school or work obligations, pending applications, fear of long separation, country conditions, lack of practical ability to travel, or other personal circumstances that made Adjustment of Status the more reasonable and appropriate option.

This means that simply submitting the basic forms and documents may no longer be enough in many cases. A strong I-485 filing should include a well-organized packet, clear supporting evidence, a detailed explanation of the applicant’s immigration history, and preparation for possible questions during the interview.

For applicants who entered the United States on visitor visas, student visas, exchange visitor visas, or other nonimmigrant classifications, it is especially important to explain the case carefully and avoid inconsistencies.

The good news is that approvals are still happening. The key is preparation.

Before filing your Adjustment of Status application, or before attending your interview, make sure your case is reviewed carefully and that your documents, timeline, and answers are consistent.

ADJUSTMENT OF STATUS IS NOT CANCELLED OR TERMINATED....
05/22/2026

ADJUSTMENT OF STATUS IS NOT CANCELLED OR TERMINATED....

USCIS ISSUES NEW MEMO ON ADJUSTMENT OF STATUS DISCRETION – EFFECTIVE MAY 21, 2026

On May 21, 2026, USCIS issued a new policy memorandum emphasizing that Adjustment of Status (Green Card process inside the United States) is a discretionary benefit and not an automatic right. The memo reminds officers that Adjustment of Status is considered an “extraordinary” form of relief and that applications should receive closer scrutiny during adjudication.

This is especially important for individuals who originally entered the United States on temporary nonimmigrant visas such as:
• B-2 Visitor Visa
• F-1 Student Visa
• M-1 Vocational Student Visa
• J-1 Exchange Visitor Visa
• Other temporary nonimmigrant categories

USCIS is placing greater focus on whether applicants truly complied with the purpose and conditions of their original visa status before applying for permanent residence.
Officers may now closely examine:
• Whether the applicant maintained lawful status
• Prior unauthorized employment
• Misrepresentation or immigrant intent concerns
• Failure to comply with visa conditions
• Gaps in status or immigration violations
• Whether the applicant used Adjustment of Status to bypass the regular consular process

Applicants who entered the U.S. temporarily but later filed for Adjustment of Status may face increased scrutiny regarding their original intent at the time of entry. Cases involving B-2 visitors, students, or other temporary visa holders may require stronger documentation and legal explanation than before.

This DOES NOT mean approvals are impossible. Many cases remain approvable. However, filings now need to be prepared more carefully, with detailed evidence, proper legal strategy, and complete documentation to address discretionary concerns proactively.

The quality of the filing matters more than ever.
If you are considering filing for Adjustment of Status or already have a pending I-485 application, it is important to review your immigration history carefully and ensure your case is properly documented before submission or interview.
If you need assistance reviewing your case, preparing your filing, feel free to contact us for guidance and support.

USCIS ISSUES NEW MEMO ON ADJUSTMENT OF STATUS DISCRETION – EFFECTIVE MAY 21, 2026 On May 21, 2026, USCIS issued a new po...
05/22/2026

USCIS ISSUES NEW MEMO ON ADJUSTMENT OF STATUS DISCRETION – EFFECTIVE MAY 21, 2026

On May 21, 2026, USCIS issued a new policy memorandum emphasizing that Adjustment of Status (Green Card process inside the United States) is a discretionary benefit and not an automatic right. The memo reminds officers that Adjustment of Status is considered an “extraordinary” form of relief and that applications should receive closer scrutiny during adjudication.

This is especially important for individuals who originally entered the United States on temporary nonimmigrant visas such as:
• B-2 Visitor Visa
• F-1 Student Visa
• M-1 Vocational Student Visa
• J-1 Exchange Visitor Visa
• Other temporary nonimmigrant categories

USCIS is placing greater focus on whether applicants truly complied with the purpose and conditions of their original visa status before applying for permanent residence.
Officers may now closely examine:
• Whether the applicant maintained lawful status
• Prior unauthorized employment
• Misrepresentation or immigrant intent concerns
• Failure to comply with visa conditions
• Gaps in status or immigration violations
• Whether the applicant used Adjustment of Status to bypass the regular consular process

Applicants who entered the U.S. temporarily but later filed for Adjustment of Status may face increased scrutiny regarding their original intent at the time of entry. Cases involving B-2 visitors, students, or other temporary visa holders may require stronger documentation and legal explanation than before.

This DOES NOT mean approvals are impossible. Many cases remain approvable. However, filings now need to be prepared more carefully, with detailed evidence, proper legal strategy, and complete documentation to address discretionary concerns proactively.

The quality of the filing matters more than ever.
If you are considering filing for Adjustment of Status or already have a pending I-485 application, it is important to review your immigration history carefully and ensure your case is properly documented before submission or interview.
If you need assistance reviewing your case, preparing your filing, feel free to contact us for guidance and support.

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