Legal

New USCIS Memo and Marriage-Based Green Cards

June 23, 2026

On May 21, 2026, USCIS issued a new policy memo designated “PM-602-0199“. The next day, an agency spokesperson stated in a press release that foreigners temporarily in the U.S. seeking a Green Card should return to their home countries to apply, except in “exceptional circumstances.” Headlines spread rapidly, causing panic among thousands of families.

However, here is the most important detail:

The phrase “only in exceptional circumstances” does not appear in the memo itself. That sentence came from a political statement, not the binding policy guidance for applicants. The actual text of the memo says something much more measured—and this difference is critical, especially for marriage-based applicants.

In this article, I will explain what the memo actually says, how it impacts the marriage-based Green Card process, and the steps you should take no matter where you are in the process.

What Does the New Memo Actually Say?

Adjustment of Status (AOS) is the pathway that allows a person already in the U.S. to apply for a Green Card without leaving the country for consular processing. Section 245 of the Immigration and Nationality Act (INA) provides the legal basis for this.

What the memo does is not create a new rule; it simply reminds officers that adjusting status is not a right, but a discretionary privilege (“exercise of discretion”). This means:

It does not introduce new eligibility requirements.
It does not ban applications.
It does not change the law or regulations.

Instead, the memo instructs officers to evaluate each application by “weighing all positive and negative factors” and to keep in mind that consular processing is an available alternative. According to legal experts, the memo took effect immediately and applies to currently pending cases as well as new applications.

Adjustment of Status (AOS) vs. Consular Processing

There are two pathways:

Adjustment of Status (AOS): You apply while you are in the U.S., and you do not need to leave the country during the process. While waiting, you can obtain a work permit (EAD) and a travel permit (Advance Parole).
Consular Processing: You complete the Green Card process at the U.S. consulate in your home country (such as Ankara or Istanbul) and enter the U.S. with an immigrant visa.

The main framework of the memo is this: Consular processing is the “standard” route, while adjustment of status is an “exceptional” convenience not designed to replace it. Officers are told that if a person could have obtained a Green Card through consular processing, this fact should be considered in their discretionary evaluation.

How Are Marriage-Based Green Cards Affected?

The spouse of a U.S. citizen falls under the “immediate relative” category in immigration law, and historically, this group has benefited the most favorably from USCIS discretion.

Immigration attorneys reviewing the memo generally expect this positive trend to continue for spousal applications, provided the applicant has no criminal record or serious immigration violations and can show positive reasons to stay in the U.S.

A few key points:

The memo does not ban the marriage category; it merely increases the emphasis on discretion.
The memo makes exceptions for situations where “adjustment of status is the only path to permanent residency” and for “dual intent” visa categories.
Spouses of U.S. citizens are exempt from certain legal barriers that normally disqualify other applicants from adjusting status (such as overstaying a visa or working without authorization). This exemption has not changed with the memo.

Important reminder: To adjust status, a lawful entry to the U.S. (being inspected and admitted, or paroled) is required. A person who crossed the border illegally generally cannot apply from within the U.S., even if married to a U.S. citizen—this rule existed before the memo, and the memo re-emphasizes it.

What Factors Do Officers Weigh?

The memo highlights two types of factors to be considered in the evaluation.

Negative Factors (working against you):

Violations of immigration laws or previous visa conditions.
Fraud or misrepresentation to USCIS or another government agency.
Conduct inconsistent with the purpose of the visa you entered with.
Remaining in the country after your authorized period of stay expired.
Choosing adjustment of status when the consular processing route was available.
Signs that you entered the U.S. with a preconceived intent to get a Green Card.

Positive Factors (working in your favor):

Strong family ties in the U.S.—especially a U.S. citizen or Green Card holder spouse/child, and the extreme hardship separation would cause.
Lawful presence and integration into society—steady employment, tax returns, civic engagement, reference letters from the community.
Good moral character—clean criminal record, charity work, professional achievements.
Contributions to the U.S.—skills, economic contribution, employer support.

The key takeaway here is: The absence of negative factors is not enough on its own. The memo explicitly expects the applicant to demonstrate with positive evidence “why they deserve to be approved.” In other words, saying “there is nothing bad about me” is no longer enough; you have to say, “here are the reasons I deserve this.”

What Changes in Practice?

Even though the law remains the same, the following changes are expected in daily practice:

More Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs): Since officers will document their discretionary analysis in detail, these notices may increase.
Longer processing times.
Tougher interview questions: Attorneys are already reporting that officers are asking questions like, “Why did you apply from within the U.S. instead of through the consulate?”, “Is there anything preventing you from applying from abroad?”, and “What kind of ties do you have in your home country?” In some cases, applicants have been asked to reopen their cases from outside the country.

If You Have a Pending Application

Do not withdraw your application. There is no reason to withdraw a pending case solely because of this memo.
Be prepared for delays.
Prepare for an RFE. If a request for additional evidence comes, respond completely and on time, preferably with the help of an attorney.
Prepare for the interview. Work with your attorney to practice honest and clear answers to the questions mentioned above.
Gather your documents now: Joint bank accounts, lease/mortgage documents, proof of family members in the U.S., tax returns, pay stubs, community/employer letters.
Maintain your legal status. If you have a valid nonimmigrant status while your application is pending, continue to comply with its conditions.
Do not travel abroad without consulting a lawyer. The risks of traveling while an application is pending may have increased during this period.

If You Haven’t Applied Yet

Our general advice is not to delay your application if you are eligible, because the standard of discretion is not new; it has always been there. Waiting could mean applying in a more uncertain environment if USCIS issues more restrictive sub-guidance.

When making your decision:

If you have a U.S. citizen spouse, no immigration violations or criminal record, and can present positive reasons for staying in the U.S., your profile remains one of the strongest.
Build your application package from the very beginning to show “why you deserve approval”: documents proving your relationship, evidence of the hardship your family would face in case of separation, tax and employment history, character reference letters, and a personal statement of intent/circumstances.
Adjustment of status still has tangible advantages over the consular route: the ability to obtain a work permit and travel permit during the process. These options are not available when applying from abroad.

Legal Challenges and Uncertainties

USCIS did not provide a timeline for how and when the memo will be implemented; it is not yet clear whether certain groups (parolees, various visa holders, dual intent visa holders) will be treated differently. The memo itself states that additional guidance may be issued for some categories in the future.

Furthermore, attorneys expect lawsuits against the memo—on grounds such as exceeding agency authority, congressional intent, administrative procedural rules (APA), and retroactive application. Ultimately, a policy memo cannot change the law itself; the courts will determine the scope of this memo.

Conclusion

Getting a Green Card from inside the country by marrying a U.S. citizen is still possible, and spousal applications remain one of the strongest profiles. What has changed is that simply “being eligible” is no longer considered sufficient. You are now expected to clearly present positive reasons in your file for officers to exercise their discretion favorably. Early preparation, a well-documented file, and realistic expectations will make all the difference during this period.

How Can MC Law Firm Help You?

In this new era, simply “being eligible” is no longer enough; you need to prove that you deserve to have discretion exercised in your favor.

At MC Law Firm, we build your case as a strong “discretionary file” even before the interview; we highlight your positive factors and counter any negatives with balancing evidence. We are by your side through all stages, from interview preparation to potential appeal processes and federal lawsuits (mandamus) for delayed applications.