This is one of the most frequently asked questions in marriage-based immigration right now, and the answer has become more complicated since May 2026. If you entered the United States on a tourist visa or through the ESTA visa waiver program and you are married to a U.S. citizen, applying for a green card from inside the country is technically still possible. But the environment around it has shifted in ways that every couple in this situation needs to understand before making any decisions.
Is adjustment of status on a tourist visa or ESTA still possible?
Yes, it is still happening and cases are still being approved. The legal foundation for adjustment of status has not changed. If you entered the United States lawfully, are married to a U.S. citizen, your marriage is genuine and well-documented, your finances meet the requirements, and your background is clean with no criminal history or significant prior immigration violations, you can file for a green card from within the United States through the adjustment of status process.
Cases filed on tourist visa and ESTA entries are still being approved right now. That is the reality on the ground as of July 2026. The process has not been shut down. But there is a significant caveat that everyone considering this pathway needs to understand.
What did the May 22nd 2026 USCIS memo change?
On May 22nd, 2026, USCIS issued a memo that introduced new uncertainty into the adjustment of status process for people who entered on tourist visas, ESTA, and similar nonimmigrant status. The memo stated that USCIS does not want people entering on nonimmigrant visas and then filing for green cards inside the United States. It gave USCIS officers the discretion to deny these cases if they choose to do so.
This is an important distinction. The memo did not change the law. It did not eliminate the right to file for adjustment of status on a tourist visa entry. What it did was give individual officers explicit permission to deny these cases based on their own judgment about the circumstances. That means the outcome of a case can now depend significantly on which officer reviews it and what office is handling it.
In the roughly six weeks since the memo was issued, the majority of adjustment of status cases on tourist visa entries have continued to be approved. The denials that have been observed in the community have largely involved applicants with significant overstays of many years combined with periods of unauthorized work. Clean cases with lawful entries, no unauthorized work, and strong marriage evidence are still moving through successfully. But the uncertainty is real and cannot be ignored.
What are the alternatives to adjustment of status inside the United States?
If the current uncertainty around adjustment of status makes you uncomfortable or if your specific circumstances put you at higher risk under the new memo, there are two main alternatives.
The first is the K-1 fiancé visa. If you are not yet married, you and your U.S. citizen partner can pursue the fiancé visa pathway. This involves filing a petition while your fiancé is abroad, obtaining a K-1 visa to enter the United States for the purpose of getting married, and then filing for adjustment of status after the marriage. The K-1 process adds steps and time compared to simply marrying and filing inside the United States, but it creates a cleaner entry specifically authorized for the purpose of getting married and adjusting status.
The second is consular processing. If you are already married, the alternative to adjustment of status inside the United States is filing Form I-130 and processing the case through a U.S. embassy abroad. For U.S. citizen petitioners, the I-130 package typically takes approximately 12 to 15 months. Then additional time for Embassy interview scheduling, which varies depending on the country and Embassy. If approved at the interview, the foreign spouse receives an immigrant visa and enters the United States as a permanent resident.
What are the risks of consular processing right now?
Consular processing comes with its own set of significant complications under the current administration. Two separate sets of travel restrictions are currently affecting embassy processing cases. The 39-country national security travel ban blocks immigrant visa issuance for nationals of approximately 39 countries for security reasons. The 75-country public charge pause has suspended immigrant visa processing for nationals of approximately 75 countries including Russia, Brazil, and Egypt based on concerns about financial self-sufficiency.
For applicants from countries not subject to either of these bans, consular processing is a viable pathway, though processing times vary significantly by embassy. Some embassies are scheduling interviews relatively quickly. Others have backlogs that stretch into years.
Why do many people still prefer adjustment of status despite the current risks?
The combination of speed and the ability to bypass the travel bans makes adjustment of status inside the United States appealing even under the current uncertain environment. Cases approved through adjustment of status have recently been completed in as little as two and a half months in some offices, though that is faster than average and office-by-office variation is significant. The standard processing time is longer, but even at the longer end, it is generally faster than waiting through an embassy process that may take years and may be subject to a travel ban that does not apply to cases processed inside the United States.
The decision between adjustment of status and consular processing is genuinely case-specific right now. The right answer depends on your intent when initially entering the US, your country of citizenship, your entry history, your immigration background, which office would handle your case, and your personal risk tolerance.
Download our free Ultimate Marriage Green Card Guide at MarriageImmigrationLaw.com, join Attorney John Khosravi, Esq. live every Tuesday at 4 PM PT / 7 PM ET on YouTube, LinkedIn, Instagram, and TikTok for a free Q&A, or book a one-on-one consultation to talk through your specific situation. Schedule a consultation at JQKLaw.com/contact
