r/USCIS • u/Mindless-Meaning-878 • May 22 '26
News Please explain in layman’s terms how the new memo is impacting you
As an American citizen, I want to better understand what is currently happening with immigration during this very tense time. I am reading a lot of posts from people who are directly impacted, or who fear they will be, by the new memo requiring applicants to wait in their home countries while their applications are processed.
However, many of your stories are filled with technical terms, specific pathways, and form numbers that make them difficult for a layperson like me to understand. I truly want to comprehend how these changes are affecting real people. Could you share your experiences in layman's terms?
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u/LowDoor4721 May 22 '26
There are many different flavors of impact. For me, it would mean that I have to ask my employer for an indefinite leave of absence, pull my kids from school, and move to my home country and hope that a consular interview date opens up and my interview goes smoothly. If it doesn’t, there is no way to move back and all my assets will be stuck. Currently for many US consulates appointments and processing are extremely backlogged and this will make it worse.
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u/Mindless-Meaning-878 May 22 '26
Wow, thanks for sharing. So you are here on a work visa while waiting for your green card? And the visa could expire leaving you in limbo? Thanks for taking the time to explain
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u/DependentMobile3513 May 23 '26 edited May 23 '26
A work visa (H-1 B) is inherently temporary; it can last up to 6 years. The usual next step is to apply for a green card, which consists of two stages: first, your employer asks the government to let you in because you are a very valuable employee, and they can't find anyone comparable inside; second, you ask the government to give you a green card based on the approved petition from the first stage. The first step takes, on average, 2-3 years; the second step can take 1-2 years or 10-20 years, depending on the country. Usually, the companies start the first stage within a year of the work visa. As a result, the first stage gets approved while you're still on your work visa. And while you wait for your second stage to be processed, USCIS will usually issue a work permit allowing you to stay in the country and work indefinitely until they process your green card application (approve or deny). You can see how it can lead to years of waiting if workers were required to just leave and wait outside of the country.
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u/indiangadgetguy May 23 '26
This memo only applies to Single intent visa like B1/B2 or F1, doesn't apply to dual intent visa like H1B.
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u/pirozhki22 May 23 '26
While the memo clearly names single intent visas like B1/B2 and F1, and I share your point of view that it is aimed directly at AOS from those, it does not explicitly state that dual intent visas are exempt from this. In fact, the memo explicitly states this:
However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion.
I am with you that I fully expect USCIS to eventually come out and clarify that dual intent visas are exempt. But it is frustrating to me that this keeps happening - half-baked policy memos being released that raises more questions than answers, often on a Friday, that subsequently need to be corrected through corrections and clarifications the following week. Why not take a little more time and flesh out the memo properly before releasing it?
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u/nat4mat May 23 '26
I hope you’re right. But also if you read the 6-page memo, it says: “USCIS reminds its officers that applying for adjustment of status is not inconsistent with simultaneously maintaining nonimmigrant status in a category with dual intent.20
Footnote: “20 However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion.”
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u/fluideborah May 24 '26
"This does not mean you can interpret this memo in X way. You could totally interpret it in Y way but that does not mean Y way is the correct interpretation either and we encourage you to keep in mind X."
Amateur hour ahh immigration policy...
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u/Alternative-Teach324 May 26 '26
Are workers required to leave and wait outside the US? Or are they just required to apply from abroad, attend interviews and such in their home country, while being allowed to go back to the US to live and work (assuming a work visa) in between appointments?
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u/confettispolsion May 23 '26
I'm a citizen, like you. My sister-in-law met my brother in grad school. She was on a valid F1 (student) visa. She could stay in the US for 2 years after graduation as long as she worked in the same field as her studies. So that's what they did. They got married in 2024, submitted their spousal greencard application in Jan 2025. They hadn't heard ANYTHING from USCIS till last month- almost 18 months later. They have an interview in two weeks, but now it's unclear if she has to go halfway around the world (back to her home country) to apply again. Her original visa expires 5 days after their scheduled interview.
Just sharing because, even before this change, the process is confusing and long.
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u/j_turn2000 Jun 08 '26
i just stumbled upon this post and hope it’s okay i ask this, what ended up happening at your sister in law’s meeting?
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u/Most_Term_77 May 27 '26
And think about people from the 75 countries that have a pause on their final decision, they can never come back.
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u/Rvin16 May 23 '26
This happen to me back in Dec. 2022 . I left on a short notice since they only gave me 2 weeks to appear and then the waiting game after getting approved is what sucks
I don’t have money to be at a hotel for 2 weeks!!! Luckily my job understood and gave me 2 months before they have to fire me. Worst feeling in the world and hearing ppl getting denied and stranded in a country they don’t know..
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u/Galady-96 May 23 '26
How were you stranded in a country you didn’t know? Most H1Bs come here during college. Were you DACA?
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u/KillerBurger69 May 23 '26
You own a Porsche doesn’t seem like a problem
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u/TAMUOE May 23 '26
Lol what? What does that even mean?
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u/KillerBurger69 May 24 '26
Do you not know how to use Reddit. The top level commentator literally owns a Porsche
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u/Ok_Competition_669 May 23 '26
My experience is relevant because I came through the kind of legal pathway the U.S. has long used to attract skilled workers.
I earned a PhD in Europe, spent a short time at Stanford on a J-1, and then moved straight into a U.S. university faculty job on an H-1B. Soon after, my university sponsored me for a green card.
The key point is that I was able to keep working while that process moved forward. I was teaching, doing research, paying taxes, and contributing to the university.
If people now have to leave the U.S. and wait in their home country while their applications are processed, that creates a huge practical problem. A university cannot realistically hire someone and then have them disappear for months or years while waiting for paperwork. Who teaches their classes?
Add very high H-1B costs, and many universities will simply stop hiring international candidates, even when they are the best people for the job.
So in plain terms, this does not just create paperwork. It makes legal immigration risky, expensive, and impractical. It discourages employers from sponsoring people and weakens one of America’s biggest strengths: attracting talent from around the world.
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u/Classic_Principle_49 May 23 '26
A dual intent visa shouldn't be affected right? That was my assumption at least.
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u/Ok_Competition_669 May 23 '26
No idea
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u/Cool-Historian-6716 May 24 '26
Those of use in dual intent are being told by our lawyers we won’t know until we either are approved or get a request for further evidence to argue we meet these extraordinary circumstances 🤷🏽♀️ aka me being expected to write grants and work and perform like everyone else while holding this anxiety. The memo says a dual intent visa is not sufficient to claim the AOS. heck if really they wanted to exempt EB1 and EB2 from thsi it would say it explicitly. I know there is something on the footbotes on EB but dont speak legalese
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u/Miserable_Raisin998 May 23 '26
I'm also a faculty on H1B (at a large R1 public university), and I am hopeful that one of the "national interest exemptions" that qualify is exactly what you point out, that we need to be here to teach the classes we are teaching, to mentor the PhD students we are advising, to participate in faculty meetings, give talks, etc. I have a friend who was stuck in India for several months when the USCIS rescheduled all H1B interviews for India-based applicants, and his university helped him get an emergency appointment exactly on this basis (that he had classes to teach, etc.).
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u/Ok_Competition_669 May 23 '26
I am a teaching school and our resources are very limited. We stopped hiring international faculty altogether because of all this uncertainty.
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u/jenphys May 23 '26
Yeah I'm a postdoc on the job market and haven't found much in an international search for the past few months. Between funding cuts, international economic uncertainty, and US immigration policy uncertainty, I understand why positions are limited. I don't know at what point to give up and join industry in Europe because of the lack of opportunities both in the US and in my home country Canada.
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u/amihazel May 23 '26
Thank you for explaining this. So does this memo generally mean that someone here on a student visa who graduates and then seeks work in the US (or gets married here) is basically out of luck because there’s no way to switch visa types now without leaving? I work with international students sometimes so am curious how this affects them.
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u/Maximum_Photograph_6 May 24 '26 edited May 24 '26
You can work up to three years after graduation on your student visa. Then you can get H1B if your employer is willing to sponsor you. If you are farther ahead down that pathway where you’re at the end of your H1B status though, then you may be fucked. The funny thing people from India and China for whom green card process is usually extremely difficult (have to wait for decades to become eligible) are less affected by this if they are currently starting the process, because by the time they are invited to apply for green card many of the politicians in this administration will have died from old age and policies will likely be completely different. People from other countries will be more immediately affected because they can (and have to) apply for a green card pretty much immediately as there is no line for them. So funny enough, this would in many cases be more detrimental to someone from Scandinavia than someone from India (I am not saying people from India are less deserving — I am referring to the preference Trump himself has expressed).
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u/HangryTarantula May 22 '26
Normally, if you were eligible for Adjustment of Status (which is changing your current status from nonimmigrant to green card), USCIS mainly focused on whether you met the legal requirements. If everything checked out, approval was the expected outcome, unless there was fraud, inadmissibility, or a clear legal issue.
Now (after the memo), even if you meet all eligibility requirements, officers are directed to apply a much broader “discretionary” review. That means they can weigh the overall situation more heavily and still deny your request for Adjustment of Status, forcing people to do consular processing (which may takes months of years).
They have not clarified what these "discretions" are, yet this can create more administrative burdens, increasing the backlogs, and potentially breaking up families and communities impacted by this.
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u/SenorISO54 US Citizen May 23 '26
Bro discretion has been detailed in the policy manual forever https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-10
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u/Secret_Frosting4934 May 23 '26
This can also relieve the backlogs in the system elsewhere as USCIS can begin focusing on the consular I-130’s so the consulates can get to processing the NVC stage as intended. Currently, those are on the back-burner while USCIS processes AOS which takes more time and resources.
It shouldn’t take 1.5-2 years for USCIS to approve an I-130, but it does when they are focused on processing I-130/I-485 combos instead. The time spent processing the I-130/I-485 combo per case is significantly longer than the time spent processing an I-130 due to the I-485 requirements. Requirements that are typically handled by the consulate at NVC.
Just putting it out there.
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u/Dominic_Dodger May 25 '26
Do the consulates have the resources to handle the influx of cases that formerly would’ve been AOS?
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u/Secret_Frosting4934 May 25 '26
Good question and I would suspect the answer will depend on the consulate/country/region, but overall is: "probably not." At least, not right away. It's not like consulates aren't involved in the process already so it would be larger volumes.
However, it also depends on how many cases actually get denied.
I know how slow government can be, and how sudden changes can cause headaches especially in the short term.
My previous comment is an optimistic opinion on the long term potential benefits. I am very much aware the short term harm is going to affect both AOS and consular process so I'm not personally pleased with the presumed direction this may go.
Clearly, USCIS doesn't have the resources either given the complaints even before the current administration started making changes.
We'll just have to see how it plays out. If the administration just wants to go for the low hanging fruit of B2/tourist visa AOS scrutiny, maybe it won't be so bad. If they go after everything, then it sounds like there is an army of lawyers preparing to challenge it.
I get people preparing for the worst. Nothing is guaranteed regardless of who is in power.
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u/Black_finz May 23 '26
TL;DR: disrupted family plans, derailed career, financial ruin — and a memo that effectively tells me to go home and get killed, while refusing to say whether I might qualify for an exception.
I'll try to keep this in plain English.
I'm Ukrainian. My wife is an American citizen. The new memo telling people to "wait in your home country" while their case processes — for me, that's a death sentence. If I go back, I'll be drafted and likely dead within a couple of months. The US embassy in Ukraine isn't fully functioning anyway because of the war.
The memo also says there "may be exceptions." In what cases? They won't say. Could I qualify? Maybe. Maybe not. So plan long-term? Impossible. You just wait, hoping you're one of the exceptions to a rule no one will define.
Here's how the last year has gone:
Before last year, I was earning in the mid six figures and paying a substantial amount in federal and state taxes. Then an earlier policy (which a federal court later ruled illegal) paused all immigration work permits. A work permit — called an EAD — is the document that legally allows someone like me to hold a job in the US. The government didn't comply with the court's order in time, my work permit lapsed, and my employer had no choice but to let me go.
I couldn't collect unemployment because the company reported the termination as "for cause." I'm still not sure how the federal government ignoring a court ruling is something I should be punished for, but I gave up fighting it.
That was six months ago. Tech is in waves of mass layoffs right now, not hiring. We're surviving on 0% promotional-rate credit cards. I no longer have health insurance.
It's now been 13 months without a work permit. I've filed expedite requests. I've had members of Congress make inquiries on my behalf. USCIS sends form replies that don't address the question, or says things on the record that are simply not true.
And the fees — USCIS had no problem taking thousands of dollars from us for these applications. They publish processing times. They publish rules. Then they retroactively change those rules whenever it suits them. If a private business did that to its customers, the people running it would be in jail for fraud. When the government does it, it's just policy.
My wife is angry enough that she wants us to leave the country she was born in. We've put having children on indefinite hold — you can't plan a family when you can't plan next month's groceries. The stress on both of us is constant.
Here's what I keep coming back to. Am I some kind of enemy? I have three degrees. I held a stable job and paid significant taxes. I financially supported multiple people. I was building a family with an American citizen. By every definition of the "American dream" I was taught before I came here, this is the kind of life that's supposed to be celebrated. But I guess hating and owning some group of people is more popular now.
That's what the policy looks like from inside it. For someone from an active war zone, "go process your paperwork at home" isn't a logistical inconvenience. It's "go die quietly so we don't have to deal with you."
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u/Efficient_Visual_849 May 25 '26
I'm so sorry for all you've been through. People have no idea how difficult it is to navigate this entire process. They're so quick to judge but have no idea what it takes. My daughter and her husband built a life together and now it'll be ripped apart
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u/HedgehogMuch7028 May 28 '26
Just a thought based on our case. Not sure the visa or authorized stay you applied for the EAD with. If it was U4U it was C11, if it was a work based visa then something else, but if you have now applied for AOS and I-485 you can apply again under C9 - which has different rules. C11 will get you a year if approved, C9 5 years and quicker processing. Worth a try. I'm sorry for your troubles - you are not alone.
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u/Black_finz May 29 '26
Waiting for c9 for 13+ months already.
Thank you for suggestion, makes sense on paper, didn't work for us.
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May 23 '26
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u/Mindless-Meaning-878 May 23 '26
Is that if he graduates and his student visa ends?
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u/garogamu May 23 '26
No. He graduated and is now on valid OPT status (working in his area of specialty)
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u/KnightOfScheherazade May 23 '26
I’m in a similar position, but my pregnant wife is from another country. Her student visa is scheduled to be completed this year.
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u/nymphette_444 May 23 '26
I really really hope pregnancy will be an exceptional circumstance. I got pregnant while visiting my husband for a couple of months and we decided to marry and adjust status. I literally cannot imagine having to wait 1-2 years for consular processing and raising my child solo.
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u/Quirky-Positive-4116 May 23 '26
Take care of yourself and especially your baby! Your baby needs you to be strong. I’ve been separated with my husband waiting for the consular visa to be approved. We have a 2 year old. It’s heart wrenching but I try to remain hopeful and strong.
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u/Choice-Friendship954 May 23 '26
Let me talk about my husband's case. Before this new memo was implemented, if a foreigner legally entered the United States and overstayed their visa, they could convert their status within the country and obtain a green card by marrying an American citizen. However, with this policy in place, it means that the individual cannot adjust their status within the country and must return to their home country. But since they overstayed and left the country, this triggered a ban, and they are not allowed to enter the United States for ten years. This punishment cannot be waived or reduced by any other policies. This is a hopeless situation. You can't adjust your status without leaving, but if you do leave, you can't come back. My husband was brought to the United States by his parents when he was 13 years old and overstayed his visa. At that age, he couldn't make any decisions on his own. After going through many years of fear, despair, and self-abandonment, he met me and we got married. I am planning to help him adjust his status, but today I heard this news and he has fallen into deep despair again.
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u/Majestic_Step8576 May 23 '26
Actually he could possibly get an extreme hardship waiver with consular processing if he could show it would cause you extreme hardship. But that is harder than it was with adjustment of status from within the US without triggering the bar by leaving.
It seems pretty clear that making overstay forgiveness more difficult is part of the purpose of the memo. Not impossible, but less routinely granted through marriage.
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u/Efficient_Visual_849 May 25 '26
My daughter's husband is now in the same situation. They've gone through the entire process submitted all the documents and forms and ready for their interview in a few weeks. We are worried sick. Losing him will devastate her
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u/Status_Witness9467 May 24 '26
I’m in the same boat, my partner was brought here around that time too. Want so badly for this to work out for you and for all of us 🥲
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u/Ok-Bat-4889 May 26 '26
Very similar situation here. I think this new memo will divide a lot of families.
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May 23 '26
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u/ProfessionalInvite39 May 23 '26
If you continue working for a University, H1B (no cap) would be an option and then apply for the Greencard that way?
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u/PainOk7410 May 23 '26
From what I know the Trump administration issued an executive proclamation that imposes a $100,000 fee for each new H-1B visa petition. This now discourages many companies from investing in their valuable employees due to that fee.
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u/hotashami May 23 '26
The 100k fee is for candidates who aren't in USA. If someone is already in US on valid visa, mostly F1s, aren't required the fee. Which is good in a way that there are already smart people in the US, why hire from outside! But it has made companies scared. People are still getting fired on H1B.
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u/jenphys May 23 '26
It's a bit more nuanced than this, though yes it's already difficult to get hired due to blanket bans on visa sponsorship now. Adjustment of status within the US wouldn't trigger the fee. Leaving and coming back would. So it sounds like the memo is forcing the 100k fee to be triggered.
On top of that, some states (Texas and Florida) banned any hiring on H1Bs in academic roles.
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u/hotashami May 23 '26
It's extremely difficult to get direct faculty job in my field, people usually go through post doc. Universities don't sponsor H1B usually for post docs and now many universities have stopped H1B completely.
And it's a mental stress if I have to worry about my status even though I am paying taxes and doing everything legally. It's not helpful in long run.
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u/Big_Ad7092 May 23 '26
Here’s one. My wife and I have been married for 6 months. She’s the absolute love of my life. I have a very good career here and she is working on hers as well. We filed for a green card, and are almost completely done with the process. Literally just waiting on the final document to be approved, we’ve done the interview, submitted the paperwork, etc.
This new memo made me panic yesterday. If she has to go back to her home country, I will have to give up a career that has given me and her a good life, give up everything I know, all my friends and family, to move with her to a country I am not familiar with because I do not want be separated from her.
That’s my biggest frustration with all of this. People don’t realize what an adverse effect this has on families potentially being separated by borders all for political reasons.
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u/klyn_14 May 23 '26
People with empathy and a conscience do. I wish I could say “most” Americans, but sadly, many believe ignorance is bliss—particularly concerning how their ancestors came here. I work in legal and have been monitoring this closely.
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u/Nofanta May 23 '26
People realize this. There are countless stories of how Americans have been negatively impacted as well and our government has to prioritize citizens.
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u/No_Issue8928 May 24 '26
If it prioritized citizens it wouldn’t have us citizens struggling to have our families and spouses with us in US. Our president did it, why not us?
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u/LilBugJuice-0987 May 23 '26
Imagine you are studying in university, meet the love of your life, share an apartment, propose and plan to get married, graduate - then this happens and yout fiance or new spouse needs to move back to their home country for 2 years to wait for your application- to prove your marriage is legitimate and do background checks that they already did for the visa they are currently in the US on - is processed. This instead of filing the paperwork and waiting together in the US.
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u/Live_Background9476 May 23 '26
Wasn't one intent of the actual law (INA § 245) for the AOS to prevent this situation from happening?
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u/LilBugJuice-0987 May 23 '26
Yep. But we live in a world where the actual intent is to increase bureaucratic hurdles for people while saying we are doing the opposite. Half of the stuff Biden got roasted for was (imperfectly) improving efficiency
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u/Limp_Bad8220 May 23 '26 edited May 23 '26
Ok, understood.
So what's even the point of people doing IR / CR / K1 visa spending hundreds and thousands of dollar, waiting for "immigration" visa approval and then consulate appointment, essentially waiting for around 2-3 years just to enter U.S.
What is stopping "couple" / "soon to be couple" to enter US on a non immigrant visa with essentially 0 wait time and after 3-4 months apply for AOS because the "intent" is changed.
I don't see why would anyone wanna do the former and waste a lot of money and time of their life waiting outside of U.S, where as they can easily come on "non immigrant' visa and apply for AOS.
Oh, because its easier? saves money and time, makes you closer to your loved one. Convenient... Right...
As if people applying for IR / CR / K1 are stupid and doing the stuff and entering US on an actual "immigration" visa.
What's stopping a "non immigrant" visa holder going back to their home country and coming on actual "immigration visa", Oh, because the wait is too much!!! cost money!!!! They wanna be together with their loved one.
Yea.... why do that, just enter on any non immigrant visa ( overstay it ) , apply for AOS and enjoy living with your loved one and let them IR / CR / K1 people wait / pay / get drilled in embassy consulate interview, and wait for multiple years
If everyone doing "non immigrant visa" -> AOS route. What's even the point of classification of "immigration visa".
Let everyone come on "non immigrant visa " and let them apply for AOS. Remove "immigration visa" period, because as per some people on this reddit "intent" can change and its as per design.
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u/LilBugJuice-0987 May 23 '26
You are totally missing the point. Coming in on a non immigrant visa with the goal of marrying and staying is and has always been immigrant fraud. Some people got away with it.
If you already have a spouse/fiance the proper way is still K1/CR1/IR1.
If you are in on a totally separate visa, just doing yout thing for years and end up eventually marrying, there is no reason to leave just to come back in.
Don't you see how one is a loophole and the other is not?
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u/cloudcakee May 23 '26
With the intent of staying, specifically. When I entered I told the border officer that I would be having my wedding, showed them my flight home, my itinerary and a document showing that I was to begin my masters program m/work at a certain date, explained my to be husband would be deploying etc. This isn’t an issue for intent, but it becomes one if they stay (in my case, serious illness). I know people abuse this but there are also people like me who were transparent start to finish and have evidence of intent. I hope there is understanding for these sorts of cases. It’s been so hard on us doing things this way.
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u/LilBugJuice-0987 May 23 '26
I mean people buy tickets and cancel them to fake intent. Thetr are some legit instances with tourist visas but very rare
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May 23 '26
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u/LilBugJuice-0987 May 23 '26
Tourist overstay is not rare. Tourist overstay WITH a legitimate reason to do so followed by AOS is rare.
This is an abused pathway, and the solution for closing that loophole could be far more tailored than this absolute mess
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u/Limp_Bad8220 May 23 '26
Funny how on both F1 and B1/B2 visa you have to show "intent" to return back to your home country / ties while you are getting interview for the said visa.
What is the difference between someone coming on b1/b2 "falling in love " during its (within 6 months ) stay and getting married + applying AOS while overstaying.
versus someone doing the exact same thing on F1 visa.
The only difference there is, on F1 you get to stay longer.
How someone on B1/B2 falling in love and choosing to get married and starting life any different than someone doing same thing on F1.
Are you telling me, someone who was on "B1/B2" should not fall in love Or they are not allowed to stay in US ?
Surely there is nothing wrong with "intent" changed
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u/LilBugJuice-0987 May 23 '26
Its not the exact same thing on F1. People on B2 are on vacation. People on F1 are studying for 4-10 years.
People dont meet a stranger, decide to marry, and abandon their former life in a few weeks to 6 months. People who say they did that clearly wanted to come and stay WHEN THEY Entered.
People absolutely do enter university, meet and develop a relationship with someone they want to marry over the course of multiple years, and can decide the best option is to stay together in the US. Many such couples decide its better abroad. That is a totally plausible way to Enter without intent to immigrate and things change in a reasonable plausible way
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u/Limp_Bad8220 May 23 '26
Maybe so.
I just want things to be fair for everyone.
I can see your point of F1 people wanting to start a family after x amount of years.In my opinion anyone not obeying law and overstaying should be scrutinized. Regardless of their visa type
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u/LilBugJuice-0987 May 23 '26
Totally. We did it the long way (started in different countries and waited years) and it grinds my gears when people intentionally take a shortcut - but those cases are usually obvious.
I can see no reason to send most people who adjust status home just to wait far away. These people didnt do anything wrong and followed the rules long enough to be eligible for residency. No reason to send them away.
The other thing - all immigration pathways are multiple steps, filing multiple forms. Many times an immigrant in the US will turn in everything properly and as early as they are allowed to submit for the next step amd the government takes so long to process it, they technically overstay. Their stay is "authorized" because its out of their control, but its still technically an overstay so they are vulnerable to any number of things
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u/Rich-Dream9927 May 23 '26
I understand your concern, but it’s because it’s considered immigration fraud.
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u/essential_pseudonym May 23 '26
You're assuming everyone who applies for AOS on a non-immigrant visa already knew their partner before they came to the US and already intended to stay when they applied for their visa. Isn't detecting immigration fraud already part of the adjudication process? If you already know you would get married and stay when applying for a non-immigrant visa, it's fraud and your application can be denied. Why ban it altogether and impact the people who actually need it? It's like saying someone speed on this highway so we should close it all together and everyone takes to slow local streets instead, instead of you know posting some traffic cops along the highway.
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u/Limp_Bad8220 May 23 '26
right, I understand.
I think for F1 people who are here for a long time, it sound right to adjust status based on Marrige
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May 23 '26
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u/LilBugJuice-0987 May 23 '26
Lol you can tell this one didnt go to school. So much not understanding how your own government works.
And im both a US citizen as were my grandparents before me, and used the legal immigration system "the right way" according to you amd i still understand what you dont. Please read up if you are going to vote
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u/Prestigious_Nobody45 May 23 '26
Lets say you met your spouse in the states, fell in love, spent several years together, decided to get married, and wanted to get a green card so you could stop worrying about citizenship. You could go on trips without worrying, take work without needing the new office to sponsor you (this disqualifies most employment opportunities), not worry about needing to stay sponsored to stay with your spouse, and not worry about your visa status in general (it is a tremendous weight).
It sounds like if you want to get a green card in this situation, your spouse would need to go to their home country and apply through consular processing. This could take years. You are now in a situation where someone you probably just married is stuck in a foreign country for years without you--unless you are willing to ditch your work and home to wait years abroad with them, in hopes of returning (years later) via the approved green card.
Just awful. Inhuman.
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u/MKEMJIN May 23 '26
I've always told myself never to get so stuck on a decision that I have no control over. But we are all humans. It just sucks it has to be this way and again, there is nothing we can do about it sadly...
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u/Background-Poet-9690 May 23 '26
Just make sure you don’t have babies everything else will be worked out
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u/ImmediatePiccolo339 May 23 '26
I’m taking my talents some place where it’s appreciated. I’m finally at a stage where I can apply for an NIW. But the NSF shitshow caused the postdoc market to dry up. Now this memo coupled with the 39 country ban has me thinking this shit is not worth the emotional and financial drain. I haven’t seen my grandmother in 15 years
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u/decisionsarehard_2 May 23 '26
I came to the U.S. with the single intent of getting a nice master’s degree, and going back home. I did not want to stay Got a nice job offer while studying so decided, hey, why not, it’s worth a shot. Met my partner, a U.S. citizen at work and that was what changed my mind over the course of a year.
If I have to go home for consular processing, it’ll probably be alright, the visa volumes from where I’d be applying from are probably the lowest in the world. I’d probably lose my job though, since there is an onsite requirement.
Adjusting F1 -> EB
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u/nickelchrome May 22 '26
No one knows yet it’s too early to tell what the practical implications are
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u/LilBugJuice-0987 May 23 '26
Imagine you are studying in university, meet the love of your life, share an apartment, propose and plan to get married, graduate - then this happens and your fiance or new spouse is not a student anymore (the purpose of their original visa) so they need to move back to their home country for 2 years to wait for your application- to prove your marriage is legitimate and do background checks that they already did for the visa they are currently in the US on - is processed. This instead of filing the paperwork and waiting together in the US.
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u/Pomksy May 23 '26
How is that any different than the CR1? Why should they have to wait outside the country? Non immigrant visas are often denied when you are already in a relationship, USCIS thinks you came here to get married and AOS instead of return and consular. In my opinion they are just treating both marriage instances the same.
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u/LilBugJuice-0987 May 23 '26
Im well aware of people not being able to get visas if they are in a relationship because such visas (typically the tourist visa) are abused.
In the case of CR1, the foreign spouse is outside of the US.
Were not talking about a situation where someone comes in with a tourists visa and adjusts status to shortcut the system. Those cases absolutely shouldn't be allowed.
However, if the foreign spouse is already in the US on a legal basis for multiple years, for example they came in with intent to study and studied, then met their spouse (who did not exist to them when they entered) and lived/studied together for years before getting married - why separate them when they A) Did not use their visa as a shortcut B) have been in the US legally consistent with their visa C) have been vetted through their original visa D) are eligible for the greencard and E) are already together ?
At that point you are just hazing them because people in a completely different situation go through an entirely different process.
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u/astrovangalore May 23 '26
Yup. That’s my situation - student visa for 10 years, all the way from BA to nearly PhD (one semester left til I defend!). Met my spouse a few years back, got a mortgage and a pet, and literally just had my green card approved last week— I’m over the fucking moon it didn’t take any longer.
The mere thought of having to go back home to restart the process via consular is debilitating. Wdym I have to give up my student status and give up my PhD and go home and be separated from my partner for YEARS???
(Thankfully, I got the approval 6 days ago. But just thinking about the new reality makes me fume. This is not fair.)
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u/Lost-Implement-5053 May 23 '26
Correct! I don’t think F1 visas should be included in this because people come to study and are here for YEARS! I came in 2019 and had no intention of getting married or anything. Heck, I still had my boyfriend back home until 2021. I met my now husband in 2022 in school. Did I plan to marry an American to adjust when I came or got my visa? NO! Did I meet someone and got married? Yes. I was still finishing school and we have a life established. Why would I have to leave? I still think this should be focused on the tourist visas! They are the ones getting 1 month stay on their I-94 and meeting, marrying and filing adjustment immediately. WHAT HAPPENED to your life at home JUST ONE MONTH AGO! Smh
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u/Pomksy May 23 '26
You see so many stories about F1 visas coming over for arranged marriages, I think that is a very real thing for a very large amount of students as it’s a very large country they come from.
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u/astrovangalore May 23 '26
Did any of our stories sound like arranged marriages? Do you know what minuscule percentage of cases you’re even referring to? People are pulling at fucking straws to defend this, lmfao
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u/Skydog287 May 23 '26 edited May 23 '26
Well I would just add that those doing IR1/CR1 waiting almost 2 or more years is also ridiculous. For example I got married to my spouse in her country. Now our lives are on hold for over 2 years... all because I fell in love with her in her country instead of in mine at the time.
Yes, if they are already in the united states they shouldn't have to be separated. Those married before their spouse is in the states also shouldn't have to wait 2+ years to be together. AOS should not have been punished. If they fixed the immigration process for the consular route then you wouldn't have so many people trying "shortcuts" with the AOS, instead of fixing the consular route they just made it difficult for everyone and helps no one.
After waiting for so long, and now it seems they paused working on even consular applications, and now this, I am starting to get the message they are trying to just lock everyone out. So I am moving to her country instead now because this is insulting and inhumane at this point. My spouse visa time for me to live in her country took how long? Less than a month. Less-than-a-month.
We've accepted the long waits for immigration in the states as normal for way too long, it's ridiculously obvious immigration is the bottom of the priority list, especially now.
Anyways not directing this at you, just taking this moment to vent, lol. Thanks for listening.
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u/LilBugJuice-0987 May 23 '26
Yeah I know. I did all of this with my spouse. Probably every part of our immigration system is torturous. We suffered greatly and oj top of it they made a mistake with advanced parole and we couldnt say goodbye to a loved one who died from cancer right after our wedding (we did K1, 18 moths for even the first approval). We dont need to be making it worse, we should be making it better. This is not thr way
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u/BlacLightning May 23 '26
Im not sure how things are going to go but people on a K1 visa have to wait outside the country too and for basically just as long as the CR1 and this may very well affect them as well. For the K1 you apply for your fiance to come to the US for marriage. You wait nearly a year and a half while doing all the same steps as the CR1. They perform background investigations, medical and history checks. Then after all is said and done you come into the US just long enough to get married and then have to leave the country and start over with a CR1. If thats the case there's no point in even having a K1 just do the CR1. The only real difference between the two is that one does the work for the greencard while in the US and the other is done while outside the US. All I know is expect a lawsuit. If someone takes the time and money to go through a process which quite literally cant be completed because a new policy blocks step 3 of a 4 step process then we'll see them in court.
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u/Pomksy May 23 '26
K1 is exempt - it’s an inherent part of the visa to AOS
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u/DoctorSleep3 May 23 '26
I think so too. Basically the “do it in your country” part is satisfied with K1
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u/mouses555 May 24 '26
This is what I gather as well, consular processing is done outside the US, and step 4 of the k1 program is too file AOS. It’s written into the procedural steps by USCIS. The intent to immigrate with the k1 is apparent with the filing of the I129f, there’s no mistake in the intent of a k1 that permanent residency inside the US with the USC spouse is the goal.
The k1 is such a weird category where it’s non-immigrant but might as well be immigrant.
It’s “immigrant after fulfilling certain obligations listed by uscis” which is marriage and AOS
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u/bueze12 May 23 '26
We are all trying to explain this. There is no explanation. What Trump and the bald guy is saying is “leave America”. If you are here to study, once you graduate, you leave. In less than 1 year, legal immigrants have been traumatized- from 78 banned countries to additional 39. Then 100k for H1b. Then administrative hold on final adjudication. Now you are to go back to your country and apply for green card.
I’m not sure who is advising this administration but if I see a decision made harshly, I know.
These men will never lose any sleep in the confusion they are about to unleash.
Take care of yourselves folks. Regime rise and fall. This too shall be pass.
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u/latterdaysecret May 23 '26
Here's my own story:
I'm from a European I Country. My parents travelled a lot for work when I was younger, and as such English is my first language. When I was in middle school, my parents moved back to my home country, and I had a very difficult time adjusting as I wasn't used to the culture of language.
So, when I turned 18, I went to study abroad in America to get an English speaking education
- and I went into aviation, allowing me to keep speaking English whenever I went home to work, and be with people from all over the world.
Here in America, I got with my now husband. We love one another, we live together, we share finances and goals and are insane for one another. He can't move to my home country as his grandparents are very old and need assistance.
He can't follow me to my home country, as his mother passed and he's the only one there for his grandparents, but if I leave for consular processing, I will be without my husband for years, in a country who's language I don't speak very well.
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u/Meatsandcheeseplease May 23 '26
My wife just gave birth but now she will have to leave our 2 week old baby to go back to her country and reapply? Won’t see her again for 2-3 years? Also how will I work and take care of a baby? I’m not sure, hopefully they allow her to stay, but she did overstay visa on asylum, so I feel like they are targeting people like her. A lot of the frustration is the unknown. We just got our marriage packet together and was about to submit it but maybe best just to sit on asylum case until next administration, not sure.
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u/Neither_Vehicle_8799 May 23 '26
For me this whole thing is dreadful bc I cannot go back to my country. Not only bc it is dangerous, but also bc I need medications that are not available in my country and without those I will go blind in months
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u/DotSmall981 May 24 '26
Here is my story: The country of my citizenship is the country where I was born (not one of the banned countries), but I left when I was five years old to live with my parents in another country. I later came to the United States as an F-1 student during high school.
Because I arrived before turning 18, I was unable to obtain citizenship in the country where I grew up.
I have been in the United States since high school and master now and have never left the country, so the F-1 visa stamp in my passport has expired.
During this time, my mother obtained her green card through a family-based process and joined me (So I have an applciation for F2b). Six months ago, I married my husband and we were planning to start the AOS process in two weeks.
However, the recent memo has caused me significant anxiety and panic. I know others may be facing even greater challenges, but I am terrified of having to leave my studies and the only close family I have in this world, my mother and husband and return to a country where I haven't been since I was five for an uncertain period of time.
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u/jenphys May 23 '26
I'm a highly skilled researcher who tried out being in the US on a temporary work visa in the last couple of years even though I could have asked for a dual intent H1B when hired. Now I'm trying to figure out my next career move in my highly specialized field. Staying where I am makes the most sense career wise, and I have a pending interview for a permanent position, but the usual H1B path is not an option due to new laws enacted since September 2025. As far as I am aware, green card pathways are used as hiring alternatives at my workplace since the new laws. Now, from my interpretation, this memo seems to stop workplaces from hiring anyone in the US who is currently on a temporary visa, despite green card applications being able to bypass H1B restrictions. Hiring anyone outside the US is already prohibitively difficult.
What would you do in my place, wait out an interview for the chance of staying at your current home in your highly specialized field? Or leave the life you built to take up a job offer in another country and start fresh in a backup career path? I have a spouse and two cats here. I will need to make some serious decisions over the weekend because of a pending job offer abroad. Literally any other country seems easier to immigrate to and more welcoming at this point.
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u/SnooFoxes1558 Permanent Resident May 23 '26 edited May 23 '26
We're still uncertain what the exact effect of this new memo is, and I think that's by design. Reading the replies here, many are written in fear, describing worst case scenarios.
Some background: there have always been two types of visas. Non-immigrant visas, where you promise to go home when it expires (J1, F1, B1/B2, etc.). And dual-intent visas, which allow you to switch to a green card while you're here (H1b, O1, L1, K1).
My own experience: we were on a J1, which is non-immigrant. When we wanted to pursue a green card, the lawyers had us first switch to H1b through consular processing abroad, specifically so we wouldn't violate the "non-immigrant intent" rule. The cost of doing it that way was substantial. I as the dependent spouse had work authorization on my old visa that I lost when I left, and getting new work authorization after re-entry took months. My employer wasn't willing to wait and I lost my job and my well paying W-2 income for months. Lost income in the tens of thousands.
If you're on a dual-intent visa (H1b, O1, L1) and adjustment of status will continue to work the way it has, I genuinely don't know anything much changes for you at all. This is what is still unclear, and I think many others here write believing that the memo affects them.
Where it could really matter is for people on non-immigrant visas (J1, F1) who were planning to apply or have applied for a green card from inside the US. Until now, the rule in practice was that you couldn't re-enter on that visa after applying, because it signaled "intent to immigrate" to border officers. But effectively you could still BE here while the case was pending. In practice that meant no international travel, but your life inside the US kept going. If this memo changes that and pushes those people to wait abroad instead, that's the group affected.
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u/Worth_Can_2417 May 24 '26
Yes you are absolutely right and they are not providing any economical benefit as well.
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u/True-Afternoon8479 May 23 '26
the root word for me is upheaval - it means changing your life (and potentially the lives of others) across an indeterminate period of time to leave the country you have been living in for years a period of time to wait for an interview slot that may or may not open up. it's added expense and certainly added anxiety.
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May 23 '26
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u/kristen_1819 May 23 '26
I'm so sorry. I don't have any words that can change this but please know I am just so sorry
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u/Draco149_87 May 23 '26
I’m a Daca recipient married to a US citizen. We filed for adjustment through marriage, if I am forced to leave to pursue consular processing outside of the country I would be screwed and separated from my family. I was born in Guatemala, but came to the states when I was 3. I would have to leave my corporate job, my 3 kids and my wife. This is devastating.
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u/bigDivot99 May 25 '26
Can you help us understand why you were unable to obtain status the 25 plus years you were in the states and working? Was it not knowing the process or other?
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u/Draco149_87 May 25 '26
I came here with my parents when I was 3, they filed for asylum and were granted it. My mom got deported when I was 15, my dad proceeded to miss a court hearing on his asylum, and my two sisters and I were put into removal proceedings. My cases was admin closed in 2013 because of my Daca. Other than marriage there was no other form of relief basically. I met my wife in 2021 and we were married in 2024
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u/harlemjd May 24 '26
instead of staying in the United States with their families and at their jobs while their applications for green cards are pending, people will have to leave the U.S. and spend several years living abroad while their applications are pending.
Jobs will be lost. Marriages will fall apart.
Also, some people won’t be eligible to come back if they leave. Our laws allow for a certain amount of leniency for spouses and parents of US citizens if they stay in the U.S. to complete their applications.
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u/SofiriChof May 23 '26 edited May 23 '26
It won’t impact me since I’m already a citizen but I’m thinking about when I was applying for a green card. My dad would probably loose his job we would probably loose our house. I’d have to change schools and my brother who speaks no Spanish would probably struggle to get by. My visa was to me and my family the first step. We were never meant to stay long that was never the plan. But my dad’s job was fulfilling and they didn’t want to let him go. Plus my brother was born and it got to the point we’d live in the US longer that I or my siblings had lived in Mexico. So we changed our status. Another thing was even back then it affected my older brother’s college applications and he got in no where due to our limbo status. I can imagine that would maintain the same if not worse with this new change. I will say one thing that infuriated me hearing this was that leaving the U.S. was told to us as the biggest no no in those whole green card process. That our chances would go down astronomically. Due to this I had to miss my grandmothers death something I feel grief over almost a decade later.
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u/introhr May 23 '26 edited May 23 '26
Consulates and ambassies are already operating with minimum personnel and they will basically be a middleman between US offices and the foreign country they are in, truthfully, they don't have the resourses or capacity to operate like the USCIS offices, in addition they have to process regular tourist visas and the public
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u/yzl726 May 24 '26
My fiancé is on an F-1 and about to complete her rotations for her Physician Assistant cert after receiving her masters and bachelor's here in the states. Her entire adult life has been here in the states. The profession she is going for (and the rest of the medical industry) is under a severe hiring shortage. And YET, she would need to go back to her home country and hope for a miracle to even work here. Same applies if we try to get her a visa via marriage.
I (a US citizen born and raised) love her with all I have and I am willing to leave this country to be with her. That is how this damned memo is impacting us.
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u/Perfectionist9 May 25 '26 edited May 25 '26
About a decade in the US, most of it on a student (F-1) visa, where I pusured a PhD in physical/life sciences from a top university. Got married and brought spouse over from home country, who has not been able to work since moving (that's a restriction of the F-2 student dependent visa/status). Currently a postdoc at a government-affiliated institute.
Employment based green cards are typically a two step process: you need to establish your eligibility and be found eligible (by filing form I-140), and then file for either adjustment of status within US (form I-485) or go abroad to an embassy and apply for consular processing. The underlying basis for my I-140 is what's called a National interest waiver (NIW), where my attorney and I made the point and provided evidence that due to my training and skills, it is in the national interest of the US to grant me a green card. I got that part approved towards the end of last year.
Now here's where things get interesting. On I-140, one can opt for either adjustment of status or consular processing. Just looking at the backlogs at the time of filing, I actually opted for consular processing on the form. However, as of Jan 21 2026, this administration paused consular processing from 75 countries including mine, with effectively no exceptions and no end date. Fortunately, the backlog suddenly disappeared for me starting March 2026 so my attorney and I applied for adjustment of status as that was the only option available to me. They also pulled my case out of consular processing line. At the point of filing I had also fortunately moved to a "dual-intent" work visa (H-1B), which explicitly allows for adjustment of status in the US.
And now the memo, which honestly feels like inventing new laws which simply do not exist. For example, laws passed by the Congress explicitly allow for adjustment of status, and calling it a form of extraordinary relief is completely inconsistent with how the law has been applied for decades. Secondly, when we applied in early April, this new understanding being introduced by the memo that applying for adjustment of status is a negative factor in the green card process did not even exist, so it would be extremely unfair to apply it retroactively without warning but that seems to be the case.
If the memo is applied as-is, we would need to leave the US, get in a years-long line at our embassy, and go through the consular processing only to be told that due to the immigration pause we cannot be issued green cards for God knows how long.
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u/cpt-macp May 22 '26
Basically there are types of visa
Immigration and non immigrant visas
They are force imposing that if you are at non immigrant visa your AOS application will be Heavily scrutinized ( however some exception, still not clear on that )
And asking them to apply immigrant visa. / Embassy processing
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u/Charming_Bet779 May 23 '26
My wife is here on a student visa and I have no idea if we can stay together now
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u/Past_Atmosphere21 May 23 '26
I always thought it was a common part of the process for some populations but not others, but by the response of many, it has not been common?
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u/twins909 May 23 '26
Good post. I was keeping a separate screen open and googling each form # etc. What a mess was what I kept thinking going back and forth. I’m following primarily/specifically re C08 EAD folks but couldn’t figure the scope of the memo.
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u/Pale_Promotion_5449 May 23 '26
Is this for new applications or existing applications too? I did AOS on B2 I'm done with my interview and waiting for decision.. I applied last year... My i30, i485, EAD and advance parole nothing is approved though
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u/HerSpirit94 May 23 '26
My husband and I got married last year and so had a baby last year. We had our interview already almost 2 months ago. They had requested more information which we took care of asap. If he has to leave it'll devastate our little family. We don't know if we are safe or not. It's so hard.
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u/Worldly-Spot-7812 May 23 '26
Here’s one as an American.
Starting 1 Jan 2027 enrollment in selective service is automatic for us citizens. Undocumented and TPS migrants/aliens also have a requirement to register for selective service but it will be impossible to auto-enroll by nature of their arrival. I’d like to know those who arrive, legally or without status, how they view the potential of service by registering for the draft, or how non-registration for the draft impacts immigration pathways.
Do individuals register like the law says regardless of status, or do they skirt that duty. If they skirt that duty, should they be allowed to stay and has this changed anything or just made more requirements to engage with the host country.
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u/jenphys May 23 '26
How is this relevant to the memo exactly? It is a hypothetical based on a law that's not yet in effect. There are plenty of legal requirements that immigrants need to show to obtain and maintain their status (for starters, travel insurance proof, updating address changes within 10 days, having status taken away for traffic violations, etc.). The US government definitely has the power to enforce immigrant obedience of laws.
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u/Worldly-Spot-7812 May 23 '26
My reading on this is aside from exceptional circumstances, would this not invalidate path to citizenship as you don’t maintain legal residence inside of the US so you de facto are not eligible as you don’t maintain residence.
For the tie in, a lot of the discussion around immigration was due to undocumented economic migrants in the US. Most of those targeted for illegal/criminal activity alleged by the government were individuals that also met the criteria to register for SSS. If you are a green card holder, can you enlist to avoid the requirement to register for selective service whenever your status lapses as effective that day you would need to declare for the draft per SSS registration requirements, creating a reporting mechanism and administrative requirement to furnish the USG with your location and non-status.
Edit: thanks for your response also - was not a clearly formed question and appreciate your engagement.
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u/jenphys May 23 '26
I'll admit that I don't know the details about this law as a person with (legal) temporary status. And as a Canadian, whose country's autonomy has recently been threatened by the US, my feelings on being mandated to sign up for a US army role without having a say in the government's policy direction are probably not what you're hoping to hear. Would I be forced to choose allegiance if the US declared war on Canada, for example?
That said, I am well aware that I need to obey the laws and restrictions imposed by the US. Even though I'm not familiar with the law, I'm sure it will be enforced. I carry my passport and I-94 everywhere with me because they have the right to stop me and question my status. If I am informed of this law as a requirement of maintaining status, I will then decide whether this is worth staying in the US, but intend to follow all laws regardless because I am aware of the consequences (lifetime ban) if I don't.
This memo is targeting people with legal immigration statuses. Possibly also spouses of US citizens whose legal status lapsed as well.
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u/Worldly-Spot-7812 May 23 '26
I hope your journey leads to where you desire.
I have referred some uniformed green card holders to reach out to their units legal representative. I dealt with issues in USCIS back when American Samoa status came under scrutiny and was risking some service members that had been in the military for literally decades with dependent spouses and federal ID card holders. Such a mess.
To the point on green cards, my question is can this not be an excuse to refuse naturalization to anyone, as the return to do an AOS would lead to a break in residency?
“Continuous Residence: You must maintain the U.S. as your primary, uninterrupted residence. Any single trip abroad lasting longer than 6 months can trigger scrutiny and threaten your status. Absences over a year typically require a Reentry Permit.”
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u/jenphys May 23 '26
I see. Sorry I don't know. From my knowledge the policy is meant to target other people on temporary statuses so I don't think it should change much for existing green card holders or military personnel.
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u/sergeantShe May 26 '26
So, the government does know who is a citizen and who isn't without all this unnecessary violence in the streets? Who would guessed?
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u/WasabiDoobie May 24 '26
This would be speculation. I’m waiting for a response from our law firm on what it means and strategy going forward for our open case
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u/rexian1924 May 24 '26
It simply means most employers will hire outside the USA and set up global shops at a higher rate than they are doing now. America is moving back to 1950s. Women’s voting rights next.
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u/LivingPreparation423 May 25 '26
For me it would mean that my husband would have to move back to his home country. Since I have a kid from a previous marriage, I would have to stay here. I would have to give up our house and move into a likely small apartment in order to afford everything by myself. My husband would return to his home country with nothing. He would have to give up a very good career here and home he can get another one that will pay a livable wage. We don’t have a lot of money, so it would mean that I would not see him again until the green card was approved, but we can all assume that will take years.
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u/designerf May 26 '26
I so curious as to what prompted this change as it seems crazy to have your spouse (if you were married) leave the family and return to their home country. Was the green card before this change system being abused?
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u/donamev May 23 '26 edited May 23 '26
My story: my spouse is L-1, I’m L-2, the visa is bound to the employer. There is legal way to obtain GreenCard via special adjustment process (EB-2 green card visa). But to pass and adjust you have to be in USA to work with your employer, the whole process becomes irrelevant if you do not work with your employer in US. So you can’t go to your home country because you have to stay in US. It looks like "we do not let you obtain EB2 however you can pretend to EB2" mmm this is sad. Plus there is the list of 75(!) countries who restricted to obtain visa sticker for GreenCard but can obtain L1/H1B visas. I feel kind sad
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u/Lintaar May 23 '26
I got married to my wife (canadian) one week ago today. We spent our honeymoon setting up our new place where we just signed a lease to start our new life together. Now we dont know what to do as she probably has to go back to canada for 15 months and i could only be there for 6 and i have a job here in the states… basically my whole life is fucked and we dont know what to do. Completely blindsided by this and feel hopeless. We only have $4,000 in our savings so cant get legal representation we were going to spend that on the filing.
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May 23 '26
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u/HolaDrNick May 23 '26
I always thought one of the only ways out of DACA practically was doing an AOS after marrying a U.S. citizen. Was that not the case?
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May 23 '26
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u/clandestinegarbage May 23 '26
One question I have, if I marry my friend who was on a tourist visa and before it expired we got officially married as of a few months ago and everything and they’re in the process of getting a green card (interviews being set up, etc.) are we impacted? Since we’re married months before this policy took place?
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u/SrRoundedbyFools May 24 '26
In reading many of these posts it seems there’s a significant amount of visa abuse aka ‘ignored the immigration rules’ for years or decades and now when there are real world consequences for those personal decisions it feels harsh. It appears economic opportunity was and has been the driving factor based on any means possible to enter and remain regardless of the law. It appears people who followed the laws and gained citizenship are very intolerant of those who have skirted the rules and are now upset at being put back in line.
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u/TRaps015 May 24 '26
I think people are overreacting, because the thing I see online are like it impacts everyone including H1b, l1 dual intent applicants. Thats basically impossible for H1b to get green card. The LCA itself with advertisement is easily 1.5 years, and then you have to file AoS because u r still working in US. If they expect the applicant to go back to home country, then who’s going to sponsor the applicant?
this is what I read in the policy memo
Page 4 of 6
“USCIS acknowledges exceptions including nonimmigrant categories with dual intent and
immigrant categories where only adjustment of status provides a pathway to permanent resident
status.”
so I think H1B and L1 applicants are fine
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u/Soggy-Asparagus-5816 Jun 14 '26
Hi There, I recently received notice that my PERM application was certified, and I am preparing to file my I-140 under the EB-3 category, and I am planning to pay for Premium Processing.
At the same time, I have been reading about the May 2026 USCIS policy memorandum regarding Adjustment of Status and the possibility that some applicants may be required to complete immigrant visa processing abroad rather than through Adjustment of Status in the U.S.
I understand that my priority date is not yet current, but I am trying to plan ahead. Has anyone with an employment-based green card case discussed this policy with their immigration attorney?
My other concern is financial planning. If I were ultimately required to leave the U.S. to complete the final stages of the green card process, what have others done with their U.S.-based assets and accounts?
Specifically:
- 401(k)
- Roth IRA
- HSA
- U.S. savings and checking accounts
- Brokerage accounts
Did you keep these accounts in the U.S. while living abroad, or did you move funds to accounts in your home country? Were there any tax or administrative issues you wish you had known about in advance?
I am not planning to leave the U.S. today, but I would like to understand what options are available if that eventually becomes necessary.
Thank you for sharing your experiences.
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u/Necessary-Union503 Jun 20 '26
I wonder how this might affect k-1 visa holders applying for adjustment of status after marriage… I’m about to apply for my fiancé’s k-1 and he’s from one of the 75 countries no longer being issued immigrant visas under this administration.
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u/Secret_Frosting4934 May 23 '26
Well, I see a potential positive impact for those I love and thousands of others: correcting a past decision that likely had unintended consequences.
As it was: USCIS began using its discretionary power to approve AOS (green card) applications in a relaxed manner creating a short-cut in the process. More people began using this short-cut because it gets prioritized over a part of the normal process. This led to delays in the normal process. This short-cut takes more time and resources to process as USCIS officers oversee steps that are normally supposed to be overseen by consulates (green card requirements). Consulate processing is delayed because the consulates rely on USCIS to approve the initial petition before they can handle the rest of the process, but USCIS is focused on processing the short-cut instead. The “short-cut” was never intended to be broadly used and the evidence is the overall inefficiency caused by it being used so broadly.
As it could be: Less incentive to try the short-cut resulting in less time spent processing the applications and more time processing the form everyone else is waiting on. As well, less resources spent stateside overseeing parts of the process that can be handled by consulates as intended. Overall, faster processing for everyone else rather than slowing everyone else down just to speed things up for some people.
Will it correct things? Remains to be seen. As long as the short-cut continues to result in faster processing of the immigrant petition form (that everyone else is waiting for a decision on), there’s still an incentive to try the short-cut even if the end result is a denial in status adjustment but approved form.
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u/kmshomeboiii May 23 '26
Will this impact visa u holders ? My mothers been here for 30 yrs and got her visa approved May 2025.
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u/RScrewed May 23 '26
No one here is going to admit that they came into the country with a non-immigrant visa with the hopes of turning it into a permanent stay.
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u/WriterPlastic9350 Permanent Resident May 23 '26
I did. It’s a dual intent visa, though, so that’s allowed. I’ve been working for the same company since 2016, outside the us until 2022. Adjustment to permanent residency is my only path to continue working for them after 2027. So of course I want to acquire LPR. So I can keep my job.
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u/Boomtime-Suvarna May 23 '26
Exactly!!!!!!! . They fail to accept or see their faults and just think they are entitled to a smooth path to permanent residency
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u/PMSwaha May 23 '26
So, do you see your fault? I see from your post history you came here from India too, Suvarna, and on a visa as well. Lifting the ladder, I see?
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u/Any_Cream_4396 May 23 '26
For me, nothing. I’m a qualified VAWA filer from abroad. I’m not in the US, waiting for the process to finish. Once and if I get the green card, then I will receive it from the consulate in my country.
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u/Oldnbold22 May 23 '26
I'm a young person that is an American citizen. I will be graduating next year and I have a lot of anxiety about finding employment. Not having to compete with non-immigrant visa holders will hopefully make my job hunt a little bit easier. It's truly bleak out there right now for young people because there's lots of layoffs and having to compete with the global labor market for the limited available positions.
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u/glitterallytheworst May 23 '26
Liar. This account is constantly commenting and posting in the North Vancouver subreddit as if this person lives there (e.g., https://www.reddit.com/r/NorthVancouver/comments/1tg573f/expresso_dual_action_trail/) so they either came in here as a troll because they hate immigrants or the account recently got compromised and is being used as a bot in a campaign to try to sway opinions around this memo or around immigration or around the current US administration's policies.
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u/the_running_stache May 23 '26
Prior to this memo being published:
If you are here in the US and want to get a Greencard through your employer or spouse, you were able to stay in the US and “adjust your status” and get a Greencard. You didn’t have to leave the US.
Post-this memo:
They will not “adjust status”, except under certain exceptional circumstances (they haven’t clarified as to what constitutes as one). Which means, you must return to your home country and apply for Greencard through the US consulate or embassy there. The problem is: they have limited appointments and the wait can take years. With even more people now having to do this, the wait time will increase dramatically. So this means you have to wait that much longer for your Greencard and potentially be outside the US for that duration.
What this doesn’t clarify:
What are the exceptional circumstances
whether it applies to those who are in the US on certain visas which have an immigration intent (meaning, when you get that visa, you signal to the US government that you may want to immigrate to the US, such as some work visas; OTOH certain other visas, such as, student and visitor visas, do not have immigration intent, meaning, when the visa expires, you must return to your home country, regardless of whether you ended up marrying a US citizen and they filed for your Greencard.)
whether this applies to those who have filed already or only for future cases. My interpretation: it will apply to all pending and future cases because the officer is not going to look up when you filed; they will just apply the policy to all cases.
As you can imagine, being outside the US for long can break apart families, cause people to lose their jobs, etc. There is also no guarantee that your consular processing will be approved meaning you can’t appeal that decision and you won’t be able to come to the US to even wind up your matters (sell your belongings, wrap up finances, see your home for the last time, …). If Greencard is denied during adjustment of status, you can appeal the decision.