If you or your spouse are pursuing a marriage green card right now, the landscape looks fundamentally different than it did even a year ago. The Trump administration has introduced a series of changes, memos, travel bans, and policy shifts that have created significant uncertainty for couples both inside and outside the United States. This is a comprehensive overview of everything that has changed, what it means for your case, and why getting the right guidance has never been more important.
What are the two main pathways for a marriage green card and how have they been affected?
There are two primary ways to obtain a marriage green card. If your spouse is already inside the United States, they may be eligible to apply through adjustment of status, completing the entire green card process without leaving the country. If your spouse is outside the United States, the case goes through consular processing, which means an interview at a U.S. embassy or consulate in their home country. Both pathways have been significantly affected by recent policy changes, and the uncertainty surrounding each one is unlike anything immigration attorneys have seen in decades.
What is the May 22nd, 2026 USCIS memo and why does it matter?
The single biggest change to the marriage green card process in at least the last fifty years came in the form of a USCIS memo issued on May 22nd, 2026. This memo called into question the routine approval of adjustment of status cases inside the United States, introducing language suggesting that officers should use discretion when deciding whether to approve these cases and that applicants should generally be going through the embassy instead.
Historically, adjustment of status for spouses of U.S. citizens with clean backgrounds has been straightforward. If you entered lawfully, married a U.S. citizen, and had no criminal history, your case was approved. The new memo muddied those waters significantly by suggesting officers should look more critically at why applicants chose to file inside the United States rather than go through the embassy. No clear standard was provided. Officers are now making these decisions differently depending on the office and even depending on the individual officer handling the case. One office in San Francisco may handle a case very differently than an office in Miami or Washington D.C.
In practice, since the memo was issued, most cases have still been approved. The denials seen so far have largely involved applicants with significant overstays or unauthorized work history. But the uncertainty is real, and it affects how couples should approach the decision of whether to file for adjustment of status inside the United States.
How are different visa categories affected by the new policy?
The impact of the May 22nd memo varies depending on what visa status the applicant is currently in. Applicants on H-1B or L-1 work visas are generally in a stronger position, as their lawful employment history and documented status work in their favor. F-1 student visa holders are in a more uncertain position, particularly those who have recently graduated or whose OPT authorization is ending. Tourist visa holders being in the most riskiest position. Whether to file for adjustment of status or pursue another pathway is increasingly a personal risk calculation that depends on individual circumstances.
Work permit approvals, known as Employment Authorization Documents or EADs, have also slowed significantly under the current administration, going from approximately one month to two to four months in many cases. Advance parole, the permission to travel while a case is pending, is taking even longer, with many cases being decided before the advance parole is even processed.
What travel bans are affecting consular processing cases?
For couples where the foreign spouse is outside the United States, the situation has been complicated by multiple layers of travel restrictions. An original travel ban affecting approximately 39 countries has blocked immigrant visa issuance for nationals of those countries on security grounds. An exception that had been in place for spouses of U.S. citizens expired at the end of 2025, leaving many affected families without a clear path forward.
A separate January 1st, 2026 memo extended the impact of these restrictions to adjustment of status cases inside the United States for nationals of the same 39 countries, pausing those cases for additional security review. A federal district court in a case called Dorcas ruled that the government cannot impose this pause, but the government has appealed and USCIS has indicated it will continue adjudicating cases while the appeal plays out. The situation remains unresolved.
Additionally, a separate pause affecting approximately 75 countries was implemented on public charge grounds, based on concerns that nationals of those countries may not be financially self-sufficient upon arriving in the United States. This has affected large populations including nationals of Brazil, Egypt, and Russia among others. Even if this pause is eventually rolled back, stricter financial requirements are likely to follow, including closer scrutiny of health insurance coverage, savings, age, English language ability, and pre-existing health conditions.
What do pregnancy and U.S.-born children mean for affected applicants?
Under the current administration, having had a child in the United States or being pregnant at the time of application may be viewed negatively in certain cases, with officers potentially raising concerns about unpaid medical bills or use of public benefits. Applicants in this situation should be prepared to document their health insurance coverage and financial ability to cover medical expenses.
Should you still file your case despite all this uncertainty?
Yes, with the right preparation and guidance. Cases are still being approved. The process takes long enough that by the time a case reaches a decision point, the legal landscape may have shifted again. Filing now gets the case into the system and moving forward. What matters is making that decision based on a thorough analysis of your specific country of birth, your visa history, your financial situation, your documents, and your personal risk tolerance.
Document errors, including wrong dates and incorrect names on birth certificates and marriage records, are among the most common issues that create preventable problems. Having those documents reviewed before filing can save significant time and complications later.
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
