On May 22, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum that significantly changes the rules governing Adjustment of Status (AOS) applications in the United States. Under this new policy, individuals who are present in the United States on temporary nonimmigrant visas and wish to obtain lawful permanent resident status (a Green Card) will generally be required to return to their home countries and complete immigrant visa processing through a U.S. consulate abroad.
This policy is expected to have a broad impact on foreign nationals residing in the United States under temporary visa classifications who intend to adjust their status to permanent residency. The primary objective of the policy is to encourage nonimmigrants to depart the United States upon the expiration of their authorized stay. Adjustment of Status applications filed within the United States will now be approved only in cases involving compelling circumstances or extraordinary situations.
According to USCIS, this policy change is intended to allow the agency to allocate more resources to other immigration-related matters, including applications involving victims of serious crimes, victims of human trafficking, and naturalization requests. For the official source please check here https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf
Who Will Be Affected by This Policy?
The policy is expected to affect foreign nationals of all nationalities, including Thai citizens, who are currently in the United States on temporary visas such as B-1/B-2, F-1, J-1, M, H-1B, and other nonimmigrant visa categories, and who plan to apply for a Green Card through Adjustment of Status.
This includes:
• Holders of B-1/B-2 visitor visas who intend to marry a U.S. citizen and file Form I-485 to adjust status.
• Holders of F-1 or J-1 student visas who have married a U.S. citizen and are planning to file Form I-485.
• Holders of employment-based visas such as H-1B, L-1, or O-1 who are awaiting employer-sponsored Green Card processing.
• Holders of other temporary visa categories who wish to remain in the United States by applying for permanent resident status through Adjustment of Status.
Visa Categories That May Not Be Immediately Affected
• K-1 Fiancé(e) Visa
Under existing immigration law, the K-1 fiancé(e) visa is specifically designed to allow a foreign national to enter the United States, marry a U.S. citizen, and subsequently apply for Adjustment of Status. As such, it remains one of the few visa categories expressly intended to permit adjustment within the United States.
However, the new policy may result in increased scrutiny of Adjustment of Status applications filed by K-1 visa holders. As of the date of this writing, it remains unclear whether USCIS officers will continue to approve such applications under the same standards, impose additional discretionary review, or delay adjudication pending further guidance. Therefore, it cannot yet be stated with certainty that K-1 visa holders will be entirely exempt from the effects of this policy.