In the past week, our office has received an overwhelming number of questions from couples worried about a new USCIS memo discussing discretionary decisions in adjustment of status cases.
Many people are asking:
“Is adjustment of status ending?”
“Will I be forced to leave the U.S.?”
“Are marriage green cards being denied now?”
“Should we still file?”
“What new questions are USCIS officers asking?”
Here are answers to the most common questions we are currently receiving.
Is USCIS Ending Marriage Green Cards?
No.
USCIS is still actively processing marriage-based green card cases, including adjustment of status applications for spouses of U.S. citizens.
At this time, there has been no announcement eliminating adjustment of status eligibility.
Is USCIS Requiring Everyone to Apply Through Consular Processing?
No.
There is currently no policy requiring all marriage green card applicants to leave the United States and process abroad.
However, USCIS officers may now ask additional questions about:
• why adjustment of status is being pursued inside the U.S.
• why consular processing was not chosen
• what changed after entering the country
What Does the New USCIS Memo Actually Do?
The memo appears to emphasize:
• discretionary review
• credibility
• immigration history
• intent at entry
• overall case preparation
In practice, this means USCIS officers may:
• scrutinize cases more closely
• ask more detailed interview questions
• look more carefully at whether applicants deserve favorable discretion
Are Marriage Green Card Interviews Changing?
Yes — in some cases.
Our office is already seeing reports of officers asking more detailed questions beyond the marriage itself.
Traditionally, interviews focused heavily on:
• relationship timeline
• living arrangements
• finances
• daily married life
Now, some officers are additionally asking:
• Why did you originally come to the United States?
• Did you intend to immigrate when you entered?
• Why did you remain in the U.S.?
• Why are you applying through adjustment of status instead of consular processing?
• What changed after your arrival?
Are Tourist Visa Marriage Cases Still Allowed?
Yes.
Entering on a B-1/B-2 tourist visa and later applying for adjustment of status through marriage is not automatically fraud.
However, USCIS may closely examine:
• original intent at entry
• timing of marriage
• timing of filing
• overall credibility
Strong documentation and truthful, consistent answers are critical.
What About DACA Recipients Applying Through Marriage?
Many DACA recipients remain eligible to adjust status through marriage to a U.S. citizen, especially where there was lawful entry and inspection.
However, USCIS may place greater scrutiny on:
• immigration history
• unlawful presence
• prior entries
• discretionary factors
Each case should be evaluated individually.
Should Couples Still File Marriage Green Card Cases?
For many couples, yes.
Strong cases with:
• lawful entry
• genuine marriages
• clean immigration history, and strong evidence continue to be approved
But careful legal strategy and preparation are more important than ever.
What Should You Bring to Your Marriage Green Card Interview Now?
Updated evidence is critical.
Couples should continue bringing:
• updated joint bank statements
• joint insurance
• lease/mortgage documents
• tax returns
• photos
• travel records
• utility bills
• evidence of shared life together
Applicants should also be prepared to clearly explain:
• their immigration timeline
• original intent at entry
• why they remained in the United States
Should You Be Worried?
Panic and misinformation online are spreading much faster than actual policy changes.
The most important thing right now is:
• understanding your own case facts
• preparing carefully
• receiving individualized legal guidance
At Green Family Immigration Law, we continue monitoring USCIS interview trends and policy developments daily while preparing clients thoroughly for marriage green card filings and interviews.
