If you came to the United States on a student visa, fell out of status at some point, and are now married to a U.S. citizen and pursuing a green card — pay close attention. USCIS officers are now using a new policy memorandum to deny Adjustment of Status applications at the interview stage, even when the marriage is real and the applicant otherwise qualifies.
This is not a hypothetical concern. It is happening at USCIS offices across the country right now.
What Changed with PM-602-0199
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, which reaffirmed that Adjustment of Status under INA Section 245 is a discretionary benefit. This means that even if you meet every legal requirement to apply for a green card from inside the United States, an officer can still deny your case based on judgment — specifically by weighing the positive and negative factors in your immigration history.
Before this memo, most officers focused primarily on whether the applicant was eligible. Now, they are being directed to look more carefully at the full picture, including past visa violations, unauthorized work, and periods of unlawful presence.
The F-1 Overstay Scenario That Is Getting Cases Denied
Here is the situation that is leading to denials at interview:
An individual enters the United States legally on an F-1 student visa. At some point, they stop attending school, lose their student status, and remain in the U.S. without authorization. During that time, they may have worked without employment authorization as well. Eventually, they meet and marry a U.S. citizen. The U.S. citizen spouse files an I-130 petition, and together they file Form I-485 to adjust status to permanent residence.
The application gets approved for an interview. At that interview, the officer acknowledges the marriage is genuine. But then the officer raises the immigration history — the abandoned student status, the overstay, the unauthorized work — and concludes that on balance, the negative factors outweigh the positive ones. The application is denied.
This is the scenario playing out for a growing number of applicants right now.
Why the F-1 Overstay Creates Specific Problems Under This Memo
Under the new USCIS guidance, officers are told to treat Adjustment of Status as an exception rather than the default pathway. The “ordinary” process, according to the memo, is for applicants to obtain immigrant visas through a U.S. consulate abroad.
For someone with an F-1 overstay, consular processing is not straightforward either. If you have been unlawfully present in the United States for more than 180 days and then leave the country, you will be subject to a three-year bar on reentry. If your unlawful presence exceeds one year, that bar extends to ten years. This means leaving to process at a consulate could result in years of separation from your spouse and family here.
Officers are aware of this. And under PM-602-0199, the combination of overstay, abandonment of status, and unauthorized employment can lead an officer to conclude that the applicant has not demonstrated the type of equities that warrant adjustment from inside the United States.
What Officers Are Looking for Under the Discretionary Test
USCIS officers are now expected to weigh factors on both sides. On the negative side for F-1 overstay cases, they will typically consider:
- The length of the visa overstay
- Whether F-1 student status was formally abandoned or simply allowed to lapse
- Whether the applicant worked without authorization during the period out of status
- Any other immigration violations in the history
On the positive side, officers will look at:
- The length of time the applicant has been in the United States
- The legitimacy and strength of the marriage
- U.S. citizen or lawful permanent resident family members in the U.S.
- Community ties, employment history, and evidence of good moral character
- Any hardship that departure or consular processing would cause
The problem is that many family-based AOS applicants with F-1 overstays have a meaningful list of negative factors and may not have assembled a strong enough record of positive ones. A denial under the discretionary standard does not mean the marriage was questioned — it means the officer concluded the overall case did not support adjustment from within the United States.
A Denial Is Not Necessarily the End
If your Adjustment of Status application has been denied at interview or through a formal notice, you have options. The right path depends on the specific facts of your case, but in general:
Motion to Reopen or Reconsider. If the denial was based on an error of law or fact, or if new evidence is available that was not previously submitted, a motion to reopen may be appropriate. This allows the same USCIS office to take a second look at the case.
Refiling the Application. In many cases, it is possible to refile an I-485 application. A refiled case may be reviewed by a different officer and may produce a different result, particularly if additional supporting documentation is submitted to address the discretionary factors that led to the initial denial.
Removal Proceedings and Immigration Court. If USCIS issues a Notice to Appear along with the denial — which is increasingly common under current enforcement guidance — the case moves to immigration court. In that setting, an immigration judge has independent authority to grant adjustment of status, and different legal standards may apply.
Do not leave the United States without speaking to an immigration attorney first. Departure with more than one year of accumulated unlawful presence will trigger the ten-year bar, which significantly limits future options.
What to Do Before Your Interview
If your interview has not yet taken place and you have an F-1 overstay in your history, preparation matters more than ever. Work with your attorney to build the strongest possible record of positive equities before that interview date. This means:
- A detailed personal statement explaining the circumstances that led to the loss of student status
- Evidence of long-term ties to the United States, including family, community involvement, and employment history
- Thorough documentation of the bona fide marriage — not just the basics, but a comprehensive package
- Any evidence that departure and consular processing would cause substantial hardship
Going into an AOS interview without addressing the discretionary factors in your history — especially under the current memo — leaves you vulnerable to a denial that might have been avoided with better preparation.
Frequently Asked Questions
Can USCIS deny my green card application if my marriage is genuine? Yes. Under PM-602-0199, officers have discretion to deny Adjustment of Status even in cases involving legitimate marriages if the applicant’s immigration history contains significant negative factors such as a long overstay, loss of student status, or unauthorized employment.
If I was denied, can I refile my I-485? In many situations, yes. Refiling is an option in a number of circumstances, and a new application reviewed by a different officer with a stronger evidentiary record can produce a different result. Speak with an immigration attorney to evaluate whether refiling makes sense for your case.
Should I leave the United States after an AOS denial? Do not leave without legal advice. If you have more than 180 days of unlawful presence, departure could trigger the three-year bar. If your unlawful presence exceeds one year, a ten-year bar may apply. Leaving may eliminate your ability to return for years.
Does the new USCIS memo mean I can no longer apply for a green card from inside the U.S.? No. Adjustment of Status remains available. The memo does not change the eligibility requirements. However, it does mean that officers are now applying closer discretionary scrutiny — particularly in cases involving prior immigration violations.
What is a Motion to Reopen and how does it differ from refiling? A Motion to Reopen asks the same USCIS office that denied the case to reconsider based on new facts or evidence. Refiling involves submitting a new I-485 application entirely. Your attorney can advise which approach is more appropriate based on the specific grounds for the denial.
Contact NPZ Law Group
If you received a denial notice after an Adjustment of Status interview, or if you have an upcoming interview and are concerned about an F-1 overstay or other immigration history in your background, contact the immigration attorneys at NPZ Law Group. We work with families and individuals navigating complex immigration situations and can help you understand your options. Call us at 201-670-0006 (ext. 104) or email info@visaserve.com. You can also visit us at www.visaserve.com for more information about our services.