In addition to the language of the memo itself, other attorneys are already reporting new lines of questioning at marriage-based I-485 interviews, particularly in cases involving B-2 visitor visa entry prior to adjustment filing.
Reported questions include:
- Why did you choose to adjust status instead of consular processing?
- Were there any factors preventing you from consular processing abroad?
- Why did you not return to your home country when your authorized period of stay expired?
These questions are extremely revealing because they help clarify what USCIS is now focusing on under the new policy framework.
The central concern appears to be whether:
- the applicant originally intended to permanently immigrate when entering the United States,
- whether the temporary visa was used inconsistently with its intended purpose,
- and whether the applicant is attempting to bypass what USCIS considers the “normal” immigrant visa process abroad.
For marriage-based cases involving B-2 entry, the factual timeline and overall story of the relationship may now become even more important.
For example, the following types of facts may become increasingly helpful:
- the relationship genuinely developed after entry rather than before entry,
- substantial time passed before marriage or filing,
- evidence showing the applicant originally intended to return home,
- long-term ties and integration into the United States after lawful entry,
- hardship or practical complications associated with consular processing,
- strong family unity considerations involving U.S. citizen spouses or children,
- and overall credibility and consistency regarding the applicant’s original intent at entry.
By contrast, cases where:
- the I-130 was already approved before entry,
- marriage occurred almost immediately after arrival,
- or adjustment was filed very shortly after entering on a tourist visa,
may now face significantly more scrutiny under the discretionary framework outlined in the memo.
At least for now, however, it remains important not to overreact. USCIS has still not issued detailed implementation guidance, and adjustment of status itself remains fully permissible under the Immigration and Nationality Act. The issue now is less whether adjustment is legally available, and more how aggressively USCIS officers will exercise discretion in close or questionable fact patterns.