On May 22, 2026, U.S. Citizenship and Immigration Services issued Policy Memorandum PM-602-0199, directing immigration officers to treat adjustment of status as an extraordinary and discretionary form of relief rather than a matter of procedural right. For F-1 students, OPT holders, and B-1/B-2 visitors who have been considering or are currently pursuing a green card from inside the United States, this memo requires a candid and immediate conversation about risk.
The Core Problem for Single Intent Visa Holders
Nonimmigrant visas in the F-1 and B-1/B-2 categories are single intent classifications. They were issued on the premise that the holder would depart the United States upon the conclusion of their authorized period of stay. When a person who entered on a student visa files an adjustment of status application, they are by definition departing from the purpose of their original admission.
The USCIS memo now instructs officers to scrutinize exactly this fact. Conduct inconsistent with the stated purpose of entry is explicitly listed as a factor that can weigh against approval. For F-1 students or tourists who file for adjustment of status, the officer will examine whether there is any evidence that immigrant intent existed at the time of visa issuance or entry.
What This Means If You Have a Pending Adjustment Case
If you are an F-1 student who has already filed Form I-485 and it is currently pending, you are not without options, but you must be strategic. USCIS has begun issuing Requests for Evidence asking applicants to affirmatively justify why adjustment of status should be granted in their specific circumstances. These RFEs require detailed, well-crafted responses that address the extraordinary circumstances standard.
Approvals are still occurring. The policy memo creates a higher evidentiary burden, not an absolute bar. However, the risk of denial has increased meaningfully for single intent visa holders who cannot point to compelling equitable factors.
A Strategic Path Forward: Build Your Bridge Now
One of the most actionable steps a single intent visa holder can take right now is to transition to a dual intent status before or during the adjustment process. H-1B, O-1, and L-1 classifications each carry dual intent protection. For F-1 students who are OPT eligible and have a sponsoring employer, the window to file an H-1B and transition to a more defensible status posture is a critical opportunity.
Countries that are currently current on the Visa Bulletin, including Bangladesh, Nepal, and Pakistan, have an especially compelling reason to pursue this bridge strategy. If your priority date is current and you are still on F-1 status, you have been bypassing a layer of protection that could be providing you stability right now.
If an I-130 has already been approved and was designated for consular processing, the appropriate path forward in most cases is to continue on that track rather than attempting to convert to an adjustment case. If your approved case was designated for adjustment of status, consult with counsel about filing Form I-824 to transfer the approved petition to a consular post.
Evaluating Your Risk Honestly
The risks in this environment run in both directions. Filing for adjustment of status as an F-1 or B visa holder carries a real risk of denial followed by potential removal proceedings. Departing the United States to pursue consular processing carries its own risks, including bars to reentry if there are inadmissibility issues in your record, and the reality that consular decisions abroad can be final with limited avenues for review.
Neither path is without risk. The work of an experienced immigration attorney right now is to help you evaluate the specific factors in your case and choose the path that gives you the best probability of a favorable outcome.
Frequently Asked Questions
Can F-1 students still apply for adjustment of status after the May 2026 USCIS policy memo?
The memo does not create an absolute prohibition. F-1 students can still file, but officers will scrutinize whether extraordinary circumstances justify adjustment rather than consular processing. The evidentiary burden is higher than it was before May 2026.
What happens if my F-1 OPT expires while my adjustment of status case is pending?
Maintaining a valid underlying status is critical under the new framework. If your OPT is expiring, consult with an immigration attorney immediately about whether an H-1B filing or another status extension can bridge the gap and strengthen your posture.
What is Form I-824 and do I need to file it?
Form I-824, Application for Action on an Approved Application or Petition, is used to forward an already-approved petition to a U.S. consulate for consular processing. If you have an approved I-140 or I-130 that was designated for adjustment of status but you now want to pursue consular processing instead, Form I-824 may be required.
Should I leave the United States now to avoid a denial?
This is a highly fact-specific question. Departure can trigger inadmissibility bars depending on your history, and consular decisions carry finality risks of their own. Do not depart the United States without consulting an experienced immigration attorney who can evaluate your individual record.
What are extraordinary circumstances under the new USCIS policy?
The memo does not enumerate a fixed list. Officers are directed to consider all relevant factors including family ties to U.S. citizens or residents, humanitarian considerations, length of lawful residence, and other equities. Cases involving U.S. citizen spouses or children may carry additional weight in the extraordinary circumstances analysis.
This blog is intended solely for general informational and educational purposes. It does not constitute legal advice, nor does it create an attorney-client relationship between the reader and Ahluwalia Law Offices, PC. The legal information provided herein may not apply to your individual circumstances and is subject to change based on evolving immigration laws and policies. Readers are strongly encouraged to consult directly with a qualified immigration attorney for guidance tailored to their specific situation. Our front desk staff is not authorized to interpret legal information or provide legal advice beyond what is explicitly stated in this blog. They are also not permitted to assess eligibility, review case details, or respond to case-specific inquiries. Due to the high volume of inquiries and the sensitive nature of immigration matters, we cannot respond to questions or requests for legal analysis via phone or email unless a formal consultation has been scheduled. Please book an appointment with one of our attorneys if you require personalized legal assistance. This is attorney advertising
