A woman in Jacksonville came to the United States on a tourist visa, met a U.S. citizen, and married him two years later. They filed for her green card together and felt ready for the interview. Then the officer asked a question they had never prepared for: why didn’t she go back to her home country and apply from there?
Since the spring of 2026, more applicants have been hearing that question. A new USCIS policy changed how officers review green card cases filed from inside the country, and many families now wonder whether they should leave the U.S. and start over abroad. Made in a hurry, that decision can cause far more harm than the policy itself.
This guide explains the new adjustment of status rules, who is most affected, what to expect at the interview, and how to prepare a stronger case before you file.
What Changed for Adjustment of Status in 2026
Adjustment of status is the process of applying for a green card from inside the United States with Form I-485, instead of through a U.S. consulate abroad. Many spouses of U.S. citizens, workers, and former students living in the U.S. get their green cards this way.
In 2026, the way USCIS reviews these applications changed several times:
| Date | What Changed | What It Means for You |
| May 21, 2026 | USCIS policy memo on discretion | Meeting the requirements is no longer enough on its own |
| August 5, 2026 | New policy on missing evidence | USCIS can deny an incomplete application without first asking for more documents |
| September 18, 2026 | New public charge rule | Low-income benefits can be considered, and a new edition of Form I-485 is required |
| October 5, 2026 | Lawsuit filed in federal court | Both USCIS policies are challenged, but they remain in effect for now |
What the New USCIS Memo Actually Says
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199. It tells officers that adjustment of status is a matter of discretion and an “extraordinary” form of relief that was never meant to replace applying for an immigrant visa abroad. A USCIS spokesperson went further, saying that a person in the U.S. temporarily who wants a green card “must return to their home country to apply, except in extraordinary circumstances.”
Days later, DHS officials said the memo was not a major policy change and that most applicants would not have to leave the country. The memo, however, was never withdrawn, and it applies to new and pending cases.
What Officers Now Weigh
Officers must look at the totality of the circumstances, weighing the negative factors in a case against the positive ones:
| Factors That Count Against You | Factors That Count in Your Favor |
| Staying after your visa or parole expired | Close family ties to U.S. citizens or green card holders |
| Not following the conditions of your visa or parole | A long, stable life in the United States |
| Working without authorization | Steady employment and filed tax returns |
| Fraud or false statements to any government agency | Good moral character and community involvement |
| Conduct after entry that does not match the purpose of your visa | Hardship your family would face if you had to leave |
When a case has negative factors, the memo says the applicant may need “unusual or even outstanding equities” to outweigh them. A clean record alone is not treated as enough, so every applicant should show the positive side of their case.
What the Memo Does Not Change
Much of what people hear about the memo is exaggerated. The memo does not:
- End adjustment of status: USCIS still accepts and approves Form I-485 applications.
- Change who is eligible: The requirements in Section 245 of the Immigration and Nationality Act are the same.
- Require everyone to leave the country: Each case is still decided individually.
- Allow denials without an explanation: A discretionary denial must explain in writing which factors the officer weighed.
So far, attorneys report few changes in outcomes, especially for spouses of U.S. citizens with no immigration violations. The biggest change is in the questions applicants are asked.
Who Is Most Affected and Who Is Not
The memo applies mainly to green card cases filed under Section 245(a), which covers most family-based and employment-based applications. How much it matters depends on how you entered and what has happened since:
| Your Situation | How the Memo Affects You |
| Spouse, parent, or unmarried child under 21 of a U.S. citizen with no immigration problems | Family ties weigh strongly in your favor, but expect questions about your entry |
| Entered on a tourist visa or ESTA and stayed past your date | Close relatives of citizens generally remain eligible, but the overstay and your intent at entry are reviewed closely |
| F-1 student who married a U.S. citizen | Officers may ask when you decided to stay, as our guide on F-1 to green card paths explains |
| K-1 fiancé(e) | The K-1 visa is designed for adjusting status after the wedding, and the memo does not single it out |
| H-1B or L-1 worker | Applying is consistent with these work visas, but holding one is not enough on its own |
| Spouse of a green card holder | You generally must have kept lawful status, and any gap weighs heavily |
| Humanitarian parolee | Among the most affected, because the memo says parolees are expected to leave when parole ends |
| Refugees, asylees, and NACARA, HRIFA, VAWA, U, T, or SIJ applicants | Refugee, NACARA, and HRIFA cases are not discretionary under the memo, and the others follow their own rules |
Married to a U.S. Citizen After Entering on a Tourist Visa or ESTA
By law, spouses of U.S. citizens can usually still adjust status even if their visa expired or they entered under the Visa Waiver Program (ESTA). What has changed is how closely officers look at why you came and when you decided to stay.
Entering as a visitor while already planning to marry and remain can be treated as misrepresentation. The State Department presumes this when someone marries and settles in the U.S. within 90 days of entry. USCIS does not formally apply that rule, but the memo now calls conduct that does not match what you said at entry a “highly relevant” negative factor. Evidence that helps includes:
- The original purpose of your trip: Return tickets, hotel bookings, or the event you came for.
- How the relationship developed: Messages, photos, and dates that show when you decided to marry.
- Your life together since: A shared home, joint finances, and children.
What to Expect at Your Green Card Interview Now
Since the memo, officers have started asking questions that were not part of a typical green card interview before. Attorneys report questions such as:
- Why did you apply in the U.S. instead of through a consulate abroad?
- What was the purpose of your trip when you entered?
- When did you decide to stay, and why did you stay after your visa expired?
- Do you still have family, property, or a job in your home country?
Some applicants have been asked for sworn statements, and some have been called for a second interview. Answers like “it was easier” do not help, while honest and consistent answers backed by documents do.
Why Some Applications Are Now Denied Without a Request for Evidence
Until recently, if something was missing, USCIS usually sent a Request for Evidence before deciding. Under a policy issued on August 5, 2026, officers can now deny an application without an RFE or a Notice of Intent to Deny when required evidence is missing, and a partial response to an RFE is treated as a request for a decision.
The policy applies to new and pending applications. In practice, the application you file is the one that will be decided, so it should be complete from the start, including the medical exam (Form I-693) and, for most family cases, the Affidavit of Support (Form I-864).
Is Adjustment of Status Paused or Blocked?
No. USCIS is still accepting and deciding adjustment of status applications. Much of the confusion comes from other 2026 policies that have since changed:
- Hold on applicants from 39 countries: A federal court set aside this USCIS hold on June 5, 2026, and processing resumed.
- Immigrant visa pause for 75 countries: This State Department pause has not been in effect since August 21, 2026.
- Lawsuit against the new policies: On October 5, 2026, unions, a national professors’ association, and green card applicants sued in federal court in Massachusetts to block the May memo and the August evidence policy.
- Court action so far: As of mid-October 2026, no court has blocked either policy.
A ruling could change this quickly, and we will update this guide if it does.
Why Leaving the U.S. to Apply Abroad Can Backfire
Some families now consider leaving the country to apply for an immigrant visa at a consulate. For anyone who has stayed in the U.S. without status, that step can be far riskier than the memo itself:
- Unlawful presence bars: Leaving after more than 180 days of unlawful presence triggers a 3-year bar, and after one year or more, a 10-year bar, under INA Section 212(a)(9)(B).
- Long waivers: A waiver requires proving extreme hardship to a U.S. citizen or green card holder spouse or parent, and it can take years.
- Delays abroad: Consular interviews can be slowed by backlogs, security checks, and country restrictions, and a refusal generally cannot be appealed.
- No work or travel permission: While your case is processed abroad, you cannot work in the U.S. or return on advance parole.
No one should leave the U.S. to “start over” abroad without a legal review first.
What Florida Families Should Know
The new rules affect several Florida communities in particular ways:
- Cuban families: The Cuban Adjustment Act is a separate law with its own requirements, and immigration legal organizations have said it should not be affected the same way. USCIS has not issued specific guidance, so each case still needs careful review.
- Military families: Many spouses and parents of service members at NAS Jacksonville and Naval Station Mayport adjust status after military parole in place. The memo does not mention it, but because it treats parole cases more strictly, these families should have their case reviewed before filing.
- Interviews in Northeast Florida: Applicants in the Jacksonville area are usually interviewed at the USCIS Jacksonville Field Office and should prepare for the new questions about entry and intent.
How to Strengthen Your Case Before You File
Under the new rules, a strong application shows not only that you qualify, but why you deserve approval. Before you file:
- Know your immigration history: List every entry, visa, and extension, and be ready to explain honestly when and why you decided to stay.
- Document your family ties: Marriage and birth certificates, proof of a shared life, and letters from relatives.
- Show stability: Tax returns, pay stubs, an employer letter, and proof of education or community involvement.
- Record any hardship: Medical needs, children’s schooling, or dangers in your home country.
- Get a review before filing: A legal review can show which factors an officer is likely to focus on.
How Weldon Law Group Can Help
The new rules have not closed the door on getting a green card from inside the United States, but they have made preparation far more important. A case built to show the reasons for approval is in a much stronger position than one that only checks the boxes.
At Weldon Law Group, PLLC, our Jacksonville immigration attorneys help spouses, families, workers, and military families throughout Northeast Florida apply for green cards under the 2026 rules, in English and Spanish. Our services include:
- Case reviews before filing: Identifying the factors an officer is likely to weigh.
- Complete applications: Preparing Form I-485 and evidence of your family ties and stability.
- Interview preparation: Getting you ready for questions about your entry and your decision to stay.
- Responses to USCIS: Answering Requests for Evidence and Notices of Intent to Deny.
- Options after a denial: Motions, new applications, and deportation defense when needed.
Contact Weldon Law Group today to schedule a free consultation.
Frequently Asked Questions
| Question | Answer |
| Can I appeal if my green card is denied based on discretion? | Most Form I-485 denials cannot be appealed to a higher USCIS office. Options may include a motion to reopen or reconsider, a new application, or asking an immigration judge to consider the application again if you are placed in removal proceedings. |
| Should I wait to file until the court rules on the lawsuit? | It depends on your situation. Waiting has its own risks, such as a visa or status expiring, a child aging out of eligibility, and no guarantee of when or how the court will rule. |
| Can I travel abroad while my adjustment of status is pending? | Generally, only with advance parole approved before you leave. Leaving without it usually means abandoning your application, unless you hold H-1B or L-1 status and travel on a valid visa. |
| Does the memo affect my work permit while my case is pending? | No. Separately, since December 5, 2025, work permits for pending adjustment applicants are issued for a maximum of 18 months, so renewals should be filed on time. |
| Can I be placed in removal proceedings if my application is denied? | Yes. If you have no other lawful status, USCIS may issue a Notice to Appear in immigration court, where many applicants can ask the judge to consider their green card application again. |