The U.S. Citizenship and Immigration Services (USCIS) has suspended I-485 applications filed within the U.S.! What will become of the green card path for international students, H1B visa holders, and tourist visa holders?

Overnight, the American immigrant community was in an uproar.

On May 22, the U.S. Citizenship and Immigration Services (USCIS) dropped a bombshell—the inland adjustment of status pathway was significantly tightened. For over 60 years, countless international students, working professionals, multinational executives, and those applying for green cards through marriage have completed their status change within the United States by filing Form I-485. Now, this "green card pathway," which has been in place for over half a century, is undergoing a profound reshaping.

According to the latest policy memo from USCIS, the vast majority of foreigners holding nonimmigrant temporary status must return to their country of origin and undergo consular processing and an interview when applying for a green card. They can no longer adjust their status directly within the United States via I-485. Simply put: they are physically present, but stuck elsewhere. Many lawyers and applicants refer to this day as a "watershed moment in the path of legal immigration to the United States."

The sudden introduction of this policy has undoubtedly served as a wake-up call for all non-immigrant status holders seeking green cards in the United States.

01

The logic behind the I-485 status transition has been fundamentally overturned.

For a long time, there have been two main paths to obtaining a green card in the United States. The first is adjustment of status (AOS) within the country, which is the familiar I-485 process. If the applicant has legally entered the United States, and their priority date has passed and they are eligible, they can apply for adjustment of status directly with USCIS without leaving the country. The green card usually arrives within a few months. At the same time as submitting the I-485 application, one can also apply for an Employment Authorization Document (EAD) and an Advance Parole (AP), allowing for both legal work and free entry and exit from the US.

The second is the overseas consular process, which means that you must return to the U.S. embassy or consulate in your country of origin to attend an immigrant visa interview, obtain an immigrant visa, and then enter the United States to become a permanent resident.

In recent years, the vast majority of legally registered foreign nationals in the United States have chosen the former (the cardholder) option because it is convenient, safe, and controllable. This has almost become "common sense" for Chinese Americans, international students, and working professionals in the US.

The core of the new policy implemented on May 22 lies in:

First, regarding the "right-based" nature of I-485, the USCIS has clearly drawn a red line: adjusting status within the United States is never an inherent legal right that applicants are entitled to. Within the framework of Section 245 of the Immigration and Nationality Act, it is merely an administrative grace and a matter of discretion.

Secondly, the immigration authorities revisited the original intent of the nonimmigrant visa system. Whether it's international students (F visa), temporary workers (H visa, L visa), or those entering the U.S. on tourist or business visas (B visa), their intention in coming to the U.S. is for a short stay. From the legislative intent, if they wish to obtain a green card in the future, they should first return to their home country and go through the consular interview process, rather than using temporary status to remain in the U.S. and "change their status locally."

Finally, the new memorandum clarifies the review standards for I-485 applications: officers must analyze each case and comprehensively consider all of the applicant's historical records. If an applicant has unfavorable factors such as status violations or overstaying their visa, they must provide sufficiently compelling "special circumstances" or extremely positive supporting factors to compensate for any negative impact on their application for adjustment of status within the United States. In other words, without these strong reasons, obtaining a green card within the United States will become exceptionally difficult.

USCIS spokesperson Zach Kahler put it even more bluntly: "From now on, if a foreign national is temporarily staying in the United States and wants to obtain a green card, they must return to their home country to apply, unless there are special circumstances."

This means that in the future, when reviewing AOS applications, USCIS will consider more "soft" factors in addition to the traditional basic conditions such as "Do you have immigrant eligibility? Is your priority date reached? Have you submitted all the required documents?", such as:

• Why did you come to the United States in the first place? What status did you use to enter the country?
• Have you been staying legally? Have you overstayed your visa, worked illegally, or violated your immigration status?
• Shouldn't you have gone back abroad to go through consular procedures in the first place?
• Do you have sufficient reasons to warrant that USCIS allow you to complete your green card application within the United States?

This is where the real "damage" of this policy adjustment lies.

02

Has I-485 been cancelled?

What does "discretionary review" mean?

This is the most easily misunderstood point. The I-485 form has not been abolished; the system for adjusting status within the United States still exists. However, the key point of the policy is that USCIS requires immigration officers to conduct more rigorous "discretionary reviews" when processing I-485 applications.

In short, even if an applicant superficially meets all the basic application requirements, immigration officers can still comprehensively consider the applicant's overall situation to determine whether the person is "worth" receiving the in-country adjustment of status benefit. This raises the threshold for green card applications from "eligibility" to "worth approval."

In the past, many people believed that as long as they were in the United States and their visa priority date was reached, they could file an I-485 application, then apply for an employment authorization card and a reentry permit, and remain in the United States while waiting. However, now, entry with a nonimmigrant visa is no longer considered the default first step in the green card process, and the review process will be significantly tightened.

03

What exactly are these "special circumstances"?

In its newly released memo, USCIS repeatedly mentioned the key phrase "extraordinary circumstances." However, it's important to note that the official definition did not include a complete and specific list. This means that whether each I-485 application qualifies as having "extraordinary circumstances" will depend entirely on the immigration officer's judgment on a case-by-case basis.

So, what factors do immigration officers focus on when exercising their discretion?

Situations that may lower the success rate of an application include:

• If someone enters the country on a tourist visa and submits a green card application within a short period of time (especially within 90 days), they are likely to be suspected of having a false intention to enter the country.
• Upon entry, they clearly stated that it was only a short-term visit, but in reality, they already had immigration plans, creating a contradiction.
• There have been instances of overstaying, illegal work, and gaps in identity records;
• Violation of the status terms of F-1, B, J-1, H-1B, and other visas;
• The materials contain records of false statements, inconsistencies, or concealment of facts;
• They could have opted for the overseas consular process, but deliberately stayed in the United States in an attempt to avoid an in-person interview.

Positive factors that may increase the success rate of an application include:

• There is a genuine and close family relationship with a U.S. citizen or green card holder;
• Having maintained legal status in the United States for an extended period with no criminal record;
• The identity change process was clear, reasonable, and verifiable.
• Good character, with no criminal record;
• There are special humanitarian reasons, such as sudden serious illness or unavoidable political turmoil in the country of origin;
• Applying for a green card while abroad would cause substantial and serious difficulties;

In conclusion, future applications for adjustment of status within the United States can no longer be limited to simply being "eligible." Applicants need to provide concrete reasons to demonstrate that their circumstances warrant USCIS's discretionary approval; otherwise, merely being eligible is far from sufficient.

04

How wide is the affected population?

This new policy will have a profound impact on different nonimmigrant visa holders, especially the following groups:

1. People who enter the country on a B1/B2 tourist visa and intend to apply for a green card.

This is the most sensitive category. The USCIS press release specifically names tourist visa holders for short-term visits. Cases involving short-term marriages on tourist visas and subsequent I-485 filings will face significantly increased scrutiny. The purpose of entry may be questioned, and the "immigrant intent" investigation will be much more stringent.

2. People who change their F-1 student status to green card

F-1 student status is also specifically mentioned. Immigration officers may scrutinize it rigorously: Is the student genuinely attending school? Is the student maintaining full-time student status? Is the student working illegally? Is the use of CPT/OPT compliant? Is the student using a school under false pretenses to maintain status? They may even trace back to whether there was a clear immigration plan at the time of entry. For applicants whose status maintenance is already at risk, the risk will be further amplified.

3. Holders of H-1B, L-1, and other work visas

H-1B and L-1 visa categories inherently possess the attribute of "dual intent," but USCIS will still examine the authenticity of the work, the employer-employer relationship, gaps in immigration status, and illegal work. Previously, H-1B holders typically filed their I-485 applications within the United States after their visa priority date was reached, continuing to work while awaiting processing. Under the new regulations, unless "extreme exceptional circumstances" can be proven, they may need to leave the United States and return to their home country for an immigrant visa interview. This undoubtedly increases uncertainty for applicants and anxiety for employers regarding hiring.

4. Marriage-based green card and family-based immigration applicants

This policy also has potential implications for in-country family-based immigration. Particular caution is needed regarding: marriage and I-485 filing shortly after entering on a tourist visa; claiming short-term tourism upon entry but quickly initiating a green card application; weak evidence of the marriage's authenticity; past overstaying or illegal work; and inconsistencies between past visa applications, entry statements, and current immigration application materials. Future family-based immigration will not only require proving the "genuineness of the relationship," but also demonstrating that the entire process of changing status is reasonable, compliant, and credible.

5. Employment-based immigrant applicants for EB-5, EB-1, EB-2, EB-3, etc.

For employment-based immigration applicants, the strategy of filing both domestically and internationally for I-485 needs to be reassessed. Factors such as status type, entry visa, purpose of entry, I-94, immigration history, consistency of documentation, and whether sufficient positive factors support discretionary approval must be considered.

05

Can overseas applicants apply for a tourist visa to enter the country first and then apply for a green card?

One sentence in this USCIS policy is particularly noteworthy: "Temporary visits to the United States should not be the first step in the green card application process."

If someone is already abroad but enters the United States on a non-immigrant visa such as a tourist or student visa in order to file an I-485 application within the U.S., they may face stricter scrutiny in the future. If someone has a clear immigration plan before entering the country but enters under the pretext of a short-term visit, tourism, visiting relatives, or studying, it may create a conflict between their purpose of entry and their immigration intent.

For overseas applicants, it is recommended to prioritize the NVC (National Visa Center) + consulate interview route to ensure that the purpose of entry is consistent with the future application and to avoid unnecessary risks.

06

It's not that the road has disappeared, but that we need to walk it more professionally.

The core of USCIS policy is that adjustment of status within the US is not an automatic right, but a discretionary remedy. It is not intended to replace overseas consular procedures and should only be approved in truly appropriate cases. The new policy effectively tightens the previously relatively lenient AOS (Adjustment of Status) approval process, giving immigration officers greater discretion.

For example, the strategy of filing I-485 immediately after 90 days of entry for B1/B2 visas may have been blocked; F-1 or other status category applicants may also need to prepare a special statement explaining why their circumstances warrant discretionary approval.

Furthermore, cases submitted before the policy was implemented are also subject to discretionary judgment. Whether a Request for Evidence (RFE) or a Notice of Inadmissibility (NOID) will be received in the future remains to be seen and requires continued monitoring.

Whether you're already in the US or planning to study or immigrate, the current policy environment demands that you proceed with extreme caution. For those already in the US, before submitting your I-485 application or attempting a dual filing process, a thorough identity assessment is essential. This assessment should cover your visa type, your true purpose of entry, your past immigration history, any instances of illegal work, and the consistency of all your documentation. More importantly, you must objectively analyze both your positive and negative factors, not just focus on the favorable aspects.

If you are currently abroad and plan to apply for a green card after traveling to the US, the safest approach now is to prioritize the consular process. Try to complete your immigrant visa interview at your country of origin through an embassy or consulate beforehand, rather than trying to enter the US on a short-term visa (such as a B-type tourist visa) and "take a gamble," as the risks to your immigration status are far greater than you might imagine.

Ultimately, US immigration is never a simple matter of determining "whether you can apply." Truly professional decision-making involves identifying the best path for you before even taking action, avoiding common pitfalls, and strengthening your application to enhance your positive attributes. Only in this way can you ensure that every step you take is safe and secure.