The answer to that question looks very different today than it did even six months ago. For years, the general rule was straightforward: if you entered the United States with a valid visa, you were in a position to file for adjustment of status — the process of obtaining a green card from inside the country — whenever you became eligible. That assumption is no longer safe to make.
With over 20 years of legal experience and 13 years focused on immigration law, I want to make sure you understand exactly what has changed, who is most affected, and what you need to do before you take any steps forward.
1. What Is Adjustment of Status?
Adjustment of status is the process that allows a foreign national already inside the United States to apply for lawful permanent residency — a green card — without having to leave the country and go through a U.S. embassy abroad. It is the alternative to consular processing, which requires the applicant to attend their immigration interview in their home country.
For eligible individuals, adjustment of status has historically been a faster, more convenient path. But as of a recent USCIS policy memorandum, the government has made clear that this process is now considered an “extraordinary form of relief” — not a standard right — and it will be granted far more selectively going forward.
2. What Changed Under the Current Administration?
The current administration has directed USCIS to treat consular processing — completing the green card process through an embassy outside the United States — as the default pathway. Adjustment of status inside the U.S. is now the exception, not the rule.
What this means in practice:
- Approval is now at the full discretion of the individual USCIS agent handling the case.
- The applicant bears the burden of demonstrating why the government should exercise that discretion in their favor.
- Agents are required to review the complete immigration history of every applicant — every entry, every overstay, every prior status — and weigh it against what is considered best for the United States.
3. Who Is Most at Risk?
Visa Overstays
This is the group facing the most immediate and significant risk. If you entered the United States on a student visa, tourist visa, ESTA, or any other temporary visa, and that authorization has expired, you cannot simply assume that filing for a green card inside the U.S. is still an option for you.
The current administration is now actively triggering waiver requests and sending overstay cases back to their home countries for consular processing. The danger: if you have overstayed for more than 180 days, leaving the United States to attend your embassy interview can trigger a 3-year bar on re-entry. Overstaying for more than one year can trigger a 10-year bar. What felt like a manageable situation can quickly become a decade-long consequence.
Students Whose Programs Have Ended
International students on temporary non-immigrant visas face elevated risk. If your academic program has ended or is ending soon, the government’s current position is that you are expected to return home — even if you are married to a U.S. citizen or lawful permanent resident. The student visa to green card pathway inside the United States has become one of the most disrupted processes under these policy changes.
Parents of U.S. Citizens
This group faces the most complicated and high-stakes situation of all. Many parents entered the United States legally years — sometimes decades — ago, had children born here who are U.S. citizens, and have been waiting for those children to turn 21 in order to be sponsored for a green card.
The problem is severe: if USCIS now requires these parents to leave the U.S. to complete their interview at a foreign embassy, the years of unauthorized presence they’ve accumulated will trigger a 10-year bar on re-entry. And unlike spouses, children cannot file a 601 waiver on behalf of their parents. That means there is no available legal remedy to remove the bar — leaving parents with no viable path forward.
4. What You Should Do Before Filing
The most important thing to understand is this: do not assume the old rules still apply to your situation. Just because someone in a similar situation was able to adjust status inside the United States in the past does not mean that option is available to you today.
Before filing anything, you need a thorough review of:
- Your complete entry and visa history
- The exact length and nature of any overstay
- Whether any criminal history — including drug use — could affect your eligibility
- Whether consular processing may be a safer or more appropriate path for your specific situation
Getting denied is not just a setback — it can trigger consequences that affect your ability to ever return to the United States. You need to succeed the first time.
Guidance for Grand Rapids and West Michigan Families
The immigration landscape is shifting rapidly, and what worked even a year ago may no longer be the right approach. At Marvin Law Office, PC, Attorney Lee Marvin brings over 20 years of legal experience — including 13 years focused on immigration law — and a 93% approval rating for cases filed through the office. Whether you are in Grand Rapids or anywhere in West Michigan, we are here to help you evaluate your options before you file, so you don’t waste time, money, or your opportunity to build your future in the United States.
Contact Marvin Law Office, PC today at 616-877-9812 to schedule a consultation.
