By Richard Herman, Immigration Attorney with More Than 30 Years of Experience
International students across the United States are asking the same urgent question right now:
“Can F-1 students still get green cards under the new USCIS memo?”
That fear exploded after USCIS issued a new adjustment-of-status policy memorandum in May 2026 emphasizing that:
- adjustment of status is discretionary,
- approval is not automatic,
- and USCIS officers should conduct broader discretionary review of Form I-485 applications.
The memo has created enormous anxiety among:
- F-1 students,
- OPT and STEM OPT workers,
- Day 1 CPT students,
- H-1B applicants,
- employment-based immigrants,
- and marriage-based green card applicants.
Many students now fear:
- I-485 denials,
- visa revocations,
- social media vetting,
- SEVIS scrutiny,
- travel risks,
- or being forced into consular processing abroad.
For many international students, the question is no longer:
“How do I get a green card?”
It is now:
“Will USCIS still allow me to adjust status inside the United States?”
This article explains:
- whether F-1 students can still get green cards,
- what the new USCIS memo means,
- who may be most at risk,
- common I-485 denial risks,
- how SEVIS and status issues may affect adjustment,
- and what international students should do immediately.
Richard Herman Discusses the New USCIS Memo on NPR This Week
This week, immigration attorney Richard Herman appeared on multiple NPR-affiliated programs discussing the administration’s new adjustment-of-status policies and the growing fear among immigrants, including international students.
Listen here:
- Ideastream Public Media / NPR – Trump Administration Changes Rules to Obtain Green Cards
- NPR Illinois – Trump Administration Changes Rules to Obtain Green Cards
- Texas Public Radio / NPR – Trump Administration Changes Rules to Obtain Green Cards
During the interviews, Richard Herman explained that many immigrants are now requesting:
“immigration risk assessments”
before:
- filing Form I-485,
- changing status,
- traveling internationally,
- or making long-term immigration decisions.
The interviews focused heavily on:
- discretionary denials,
- social media vetting,
- increased immigration scrutiny,
- and pressure toward consular processing.
Richard Herman also recently discussed growing fear among international students in another NPR-affiliated interview:
In that interview, Herman explained that many students are now deeply worried about:
- immigration “risk scoring,”
- social media review,
- visa denials,
- and future green card eligibility. (KLCC)
What Is the New USCIS I-485 Memo?
On May 21, 2026, USCIS issued:
The memo repeatedly emphasizes:
adjustment of status is discretionary.
USCIS states that adjustment is:
an “extraordinary act of grace.”
The memo strongly suggests:
- eligibility alone may not be enough,
- officers should evaluate discretionary equities,
- and consular processing is the “ordinary” immigration pathway. (Facebook)
Official USCIS guidance:
Related Herman Legal Group analysis:
- Top 10 I-485 Denial Risks in 2026
- What Counts as Extraordinary Circumstances?
- Should H-1B Holders Avoid Filing I-485 Right Now?
- Can USCIS Force You to Leave the U.S. for Consular Processing?
Can F-1 Students Still Get Green Cards?
Yes — many still can.
But:
scrutiny is increasing dramatically.
F-1 students may still obtain green cards through:
- marriage to a U.S. citizen,
- employment sponsorship,
- EB-2 NIW,
- EB-1 extraordinary ability,
- asylum,
- family sponsorship,
- or other immigration pathways.
However, USCIS officers may now more aggressively review:
- maintenance of status,
- unlawful employment,
- CPT/OPT compliance,
- SEVIS history,
- immigrant intent,
- social media activity,
- and prior immigration filings.
Why F-1 Students Are Especially Vulnerable
F-1 visas are:
single-intent visas.
That means students must generally maintain an intention to:
- study temporarily,
- and eventually depart the United States.
This creates tension when students later pursue:
- H-1B,
- PERM,
- marriage-based adjustment,
- or employment-based green cards.
Under the new memo, many lawyers fear USCIS officers may scrutinize:
- whether the student truly maintained F-1 intent,
- prior statements made at visa interviews,
- or conduct inconsistent with student status.
What Are the Biggest Green Card Risks for F-1 Students?
1. Unauthorized Employment
Unauthorized work remains one of the biggest risks.
Potential issues may include:
- off-campus employment,
- unauthorized internships,
- CPT abuse,
- or unauthorized freelancing.
Official USCIS student guidance:
2. SEVIS Problems
Potentially dangerous issues include:
- terminated SEVIS records,
- status violations,
- unauthorized course loads,
- or enrollment gaps.
Related:
3. Day 1 CPT Scrutiny
Many lawyers expect increased USCIS scrutiny regarding:
- Day 1 CPT,
- hybrid schools,
- attendance compliance,
- and employment authorization legitimacy.
4. Social Media Vetting
Students increasingly fear:
- social media review,
- political screening,
- and online activity analysis.
These concerns were specifically discussed in Richard Herman’s NPR interviews this week.
Related:
5. Immigrant Intent Concerns
USCIS officers may increasingly examine:
- prior visa applications,
- travel history,
- social media,
- and statements suggesting immigrant intent during F-1 status.
6. Travel Risks
International travel may now carry significantly greater risk for students with:
- pending I-485 applications,
- status questions,
- or prior immigration issues.
Many lawyers now recommend individualized legal review before travel.
Could USCIS Deny an F-1 Student’s I-485 Even If Eligible?
Potentially yes.
This is one of the biggest fears surrounding the new memo.
The memo strongly suggests:
eligibility alone may no longer be enough.
USCIS officers may now weigh:
- discretion,
- compliance history,
- credibility,
- positive equities,
- and “totality of circumstances.”
Are Some F-1 Students Safer Than Others?
Potentially yes.
Students who may receive more favorable discretionary consideration could include:
- physicians,
- STEM researchers,
- AI professionals,
- healthcare workers,
- national-interest applicants,
- and immigrants with strong humanitarian equities.
However:
no category appears completely immune from increased scrutiny.
Could USCIS Force F-1 Students Into Consular Processing?
Not directly.
However:
denial of adjustment may effectively leave consular processing as the only remaining option.
For some students, this may be extremely dangerous.
Leaving the United States could potentially trigger:
- unlawful presence bars,
- visa denials,
- administrative processing,
- or inability to return.
Official USCIS guidance:
Related:
What Should F-1 Students Do Right Now?
1. Review Immigration History Carefully
Look for:
- status gaps,
- SEVIS problems,
- unauthorized work,
- or inconsistencies.
2. Preserve Documentation
Save:
- I-20s,
- SEVIS records,
- CPT/OPT approvals,
- transcripts,
- employment records,
- and immigration filings.
3. Avoid International Travel Without Advice
Travel risks may now be increasing significantly.
4. Strengthen Positive Equities
Prepare evidence showing:
- academic achievement,
- national-interest contributions,
- humanitarian hardship,
- community involvement,
- and good moral character.
5. Speak With an Experienced Immigration Attorney
Strategic planning matters more than ever.
Richard Herman’s Predictions About F-1 Green Card Cases
Based on more than 30 years practicing immigration law, I expect:
- increased RFEs,
- more NOIDs,
- expanded social media vetting,
- greater scrutiny of CPT/OPT history,
- and broader discretionary review of student adjustment cases.
I also expect:
- increased fear among international students,
- more “risk assessment” consultations,
- and increased federal litigation challenging arbitrary denials.
Frequently Asked Questions (FAQ)
Can F-1 students still get green cards?
Yes. Many students still qualify through marriage, employment sponsorship, NIW, EB-1, asylum, or family sponsorship.
Is USCIS scrutinizing F-1 students more aggressively now?
Most immigration lawyers believe:
yes.
Can USCIS deny an F-1 student’s I-485 even if eligible?
Yes. Adjustment of status is discretionary.
Is Day 1 CPT risky?
Potentially yes, especially under increased USCIS scrutiny.
Could USCIS force students into consular processing?
Not directly, but denial of adjustment may effectively leave consular processing as the only remaining pathway.
Should F-1 students travel internationally right now?
That depends on the individual case. Many students should seek legal advice before travel.
Final Thoughts
The new USCIS adjustment-of-status memo has fundamentally changed how many international students view immigration strategy.
For years, many students believed:
good grades + OPT + H-1B = eventual green card.
Now the process appears far less predictable.
The biggest takeaway is this:
preparation, compliance, and strategic planning now matter more than ever.
Many F-1 students may still successfully obtain green cards.
But under the administration’s new policy environment:
- scrutiny is increasing,
- discretionary review is expanding,
- and immigration “risk assessments” may become the new normal.
Schedule a Consultation
If you are concerned about:
- F-1 adjustment strategy,
- Day 1 CPT risks,
- OPT compliance,
- H-1B transition,
- I-485 denial risks,
- social media vetting,
- consular processing,
- or immigration discretion,
schedule a confidential consultation with Herman Legal Group:
Herman Legal Group
Immigration Law Throughout the United States
Phone: 1-800-808-4013
