There has been a significant USCIS policy update in 2026 that is confusing many people and impacting F-1 students who are pursuing a green card. It is important to understand exactly what changed and what did not.
What Changed?
On May 22, 2026, USCIS issued Policy Memorandum PM-602-0199 stating that approval of an Adjustment of Status (Form I-485) should generally be considered an “extraordinary” form of relief rather than the normal path to obtaining a green card from inside the United States.
Under this guidance, USCIS officers were instructed to expect most applicants to complete immigrant visa processing through a U.S. embassy or consulate abroad instead of adjusting status inside the U.S.
Are F-1 Students Automatically Being Denied Green Cards?
There is no policy that says all F-1 students must be denied green cards. The new guidance does not change the basic legal eligibility rules for permanent residence.
An F-1 student can still qualify for a green card through marriage to a U.S. citizen or green card holder, EB-1, EB-2, EB-3 and EB-5 categories, and other qualifying immigrant categories. However, USCIS officers now have broader discretion to deny Adjustment of Status applications filed from inside the United States if they determine that “extraordinary circumstances” are not present.
Why Are F-1 Students Being Scrutinized More Closely?
The concern comes from F-1 visas being a nonimmigrant intent visa. When you entered the United States as an F-1 student, you represented that your purpose was temporary study and that you intended to leave after completing your program.
Applying for a green card demonstrates immigrant intent, so USCIS may examine these cases more carefully than before.
F-1 students and B-1/B-2 visitors may face more scrutiny than H-1B or L-1 visa holders, because H-1B and L-1 are recognized as dual-intent visa categories.
What Happens If an F-1 Student Wants a Green Card Now?
Under the policy update, USCIS may direct many applicants to lave the United States, attend an immigrant visa interview at a U.S. embassy or consulate abroad, and return to the U.S. as a permanent resident. This process is called consular processing, and USCIS is now emphasizing it more strongly than Adjustment of Status.
U.S. Citizens Still Have the Right to Sponsor Their Spouse
One point that has caused confusion is whether this policy affects the right of a U.S. citizen to sponsor their spouse for a green card.
A U.S. citizen still has the legal right to sponsor their spouse for permanent residence. That right has not changed. Any attempt to change that would have to be approved by Congress.
If a U.S. citizen marries a foreign national, they may file Form I-130 (Petition for Alien Relative) and Form I-485 (Adjustment of Status), if eligible to file inside the U.S. or pursue consular processing abroad through the National Visa Center and a U.S. embassy.
In many marriage-based cases, the couple can submit a full package that includes:
- Proof of the bona fide marriage
- Financial sponsorship documents (Form I-864 Affidavit of Support)
- Medical examination results (Form I-693)
- Identity and immigration records
- Evidence of shared life together, such as leases, bank accounts, insurance, photos, and communications
The government is not saying that spouses of U.S. citizens cannot obtain green cards. The issue is whether the foreign spouse should complete the process inside the U.S. through Adjustment of Status or abroad through consular processing.
Why Some Cases May Be Directed Abroad
USCIS is paying closer attention to issues such as overstaying a visa, unauthorized employment, gaps in lawful status, use of false documents or Social Security numbers and whether the applicant entered with immigrant intent.
In some cases, USCIS may decide that the applicant should leave the U.S. and process the immigrant visa abroad instead of adjusting status domestically.
That does not mean the marriage petition is denied. It means the processing method may change.
A Critical Warning About Leaving the United States
People should not assume that leaving the U.S. is always the safest option.
If someone has accrued unlawful presence of more than 180 days or more than one year after turning 18, departing the United States can trigger a 3-year or 10-year bar from reentering.
In some situations, remaining in the U.S. and pursuing Adjustment of Status may be legally safer than leaving and triggering a reentry bar.
This decision is highly case-specific and should be reviewed carefully with an immigration attorney before any departure.
What USCIS Is Looking At More Closely
Applicants may face new or more detailed questions about:
- Employment history
- Unauthorized work
- Tax filings
- Use of false documents
- Periods of unlawful presence
- Why the green card was not pursued through a consulate abroad
Officers already had discretion to consider these factors, but the new policy encourages closer scrutiny.
Practical Takeaway
Do not rely on headlines or social media summaries alone. The same facts that were once treated as minor issues may now receive much more attention from USCIS.
Before filing a marriage-based green card or deciding to leave the United States, consult an experienced immigration attorney to evaluate your lawful status history, eligibility for Adjustment of Status and whether consular processing is strategically safer.
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24-7 English/Spanish line at 248-951-2450 or reach out to us at Atiya Law.