USCIS has updated its policy regarding B1/B2 visa holders seeking to submit Form I-485 for adjustment of status to permanent residency. The changes, outlined in the revised USCIS policy manual effective 2026, have raised concerns among applicants about the potential tightening of pathways for adjustment of status for those entering the U.S. on tourist or business visas.
Key Details:
- The new policy does not amend the Immigration and Nationality Act (INA) but tightens discretionary standards for I-485 applications.
- B1/B2 visa holders can still submit I-485 applications, but must provide compelling evidence of unexpected circumstances that necessitate the change of status.
- The 90-Day Rule will be strictly enforced; actions indicating immigrant intent within 90 days of entry may lead to visa misuse claims.
- Applicants must demonstrate that their immigration intentions arose from unforeseen events after entering the U.S.
This policy shift indicates that while pathways for adjustment of status remain, the scrutiny on applications from B1/B2 visa holders will be significantly increased, making it more challenging for applicants to succeed in their requests. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: 1Point3Acres User