By Richard Herman, Immigration Attorney with More Than 30 Years of Experience
For decades, many couples believed marriage to a U.S. citizen was one of the safest and most reliable pathways to a green card.
That assumption is now being questioned across the United States.
A new USCIS policy memorandum issued in May 2026 has triggered widespread fear among:
- U.S. citizens married to immigrants,
- undocumented spouses,
- F-1 students,
- H-1B workers,
- mixed-status families,
- and marriage-based adjustment applicants nationwide.
The memo repeatedly emphasizes:
adjustment of status is discretionary.
That means:
USCIS can deny a marriage-based green card application even if the marriage is real.
Now couples are asking:
- Will marriage green cards become harder?
- Will USCIS deny more I-485 applications?
- Will marriage interviews become more aggressive?
- Could USCIS force couples into consular processing?
- What evidence should married couples prepare now?
- Are Stokes interviews becoming more likely?
- What happens if USCIS denies adjustment?
These fears are understandable.
Because immigration lawyers nationwide now expect:
- more RFEs,
- more NOIDs,
- broader discretionary review,
- increased scrutiny of marriages,
- and potentially more I-485 denials.
This article explains:
- what the new USCIS memo means for married couples,
- the biggest marriage-based green card risks in 2026,
- how USCIS may apply discretionary review,
- and what couples 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 green card applicants.
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
- KRWG / NPR Politics – Trump Administration Changes Rules to Obtain Green Cards
During the interviews, Richard Herman explained that immigrants and families are increasingly requesting:
“immigration risk assessments”
before:
- filing Form I-485,
- traveling internationally,
- changing employers,
- or deciding whether to remain in the United States.
The interviews focused heavily on:
- discretionary denials,
- consular processing pressure,
- immigration “risk scoring,”
- and heightened scrutiny of adjustment-of-status applications. (NPR Illinois)
Richard Herman also recently discussed growing fear among international students and visa holders in another NPR-affiliated interview:
What Is the New USCIS I-485 Memo?
On May 21, 2026, USCIS issued:
The memo repeatedly states:
adjustment of status is an “extraordinary act of grace.”
USCIS emphasizes that:
- adjustment is discretionary,
- approval is not automatic,
- and officers should conduct broader discretionary review.
Official USCIS guidance:
The memo has alarmed immigration lawyers nationwide because it suggests:
- eligibility alone may no longer be enough,
- officers may apply broader “totality of circumstances” review,
- and consular processing may increasingly be viewed as the preferred pathway. (Vox)
Related Herman Legal Group analysis:
- Top 10 I-485 Denial Risks in 2026
- What Happens If Your Adjustment of Status Is Denied?
- Can USCIS Force You to Leave the U.S. for Consular Processing?
- What Counts as Extraordinary Circumstances?
Could Marriage Green Cards Become Harder?
Potentially yes.
Marriage-based green cards may still remain among the strongest immigration pathways.
However:
scrutiny is increasing dramatically.
The new memo appears to encourage USCIS officers to examine:
- discretionary factors,
- immigration history,
- prior status violations,
- fraud indicators,
- and “positive equities.”
Many immigration lawyers now expect:
- more marriage interviews,
- more Requests for Evidence (RFEs),
- more Notices of Intent to Deny (NOIDs),
- and more Stokes interviews. (The Economic Times)
Why Marriage Cases May Face More Scrutiny
Marriage-based immigration has always been a major enforcement focus because USCIS aggressively investigates:
marriage fraud.
USCIS officers are trained to look for:
- inconsistent answers,
- weak documentation,
- fake cohabitation,
- financial separation,
- or suspicious timelines.
Official USCIS marriage-based green card guidance:
Related:
What Is a Stokes Interview?
A:
Stokes interview
is a second-level marriage interview where spouses are separated and questioned independently about their relationship.
USCIS may compare answers to identify inconsistencies or fraud concerns.
Common topics include:
- daily routines,
- finances,
- living arrangements,
- family relationships,
- vacations,
- and intimate details of the marriage.
Background on Stokes interviews:
Many immigration lawyers now fear:
Stokes interviews could increase substantially under the new memo.
What Marriage Green Card Risks May Increase in 2026?
1. Weak Relationship Evidence
Couples with limited documentation may face greater scrutiny.
Important evidence may include:
- joint bank accounts,
- leases,
- insurance,
- tax returns,
- photographs,
- travel records,
- and affidavits.
2. Prior Immigration Violations
Potential issues include:
- overstays,
- unauthorized employment,
- unlawful presence,
- SEVIS violations,
- or prior visa fraud allegations.
3. Social Media Review
Many immigrants fear expanding:
- social media vetting,
- political screening,
- and online activity analysis.
These concerns were specifically discussed in Richard Herman’s NPR interviews this week.
Related:
4. Consular Processing Pressure
The memo repeatedly suggests:
consular processing is the “ordinary” immigration pathway.
Many immigration lawyers fear USCIS may increasingly deny adjustment and effectively push applicants abroad. (The Guardian)
For some couples, this may be devastating.
Leaving the U.S. could trigger:
- unlawful presence bars,
- visa denials,
- administrative processing,
- or prolonged family separation.
Official USCIS guidance:
5. Discretionary Denials
This may be the biggest shift of all.
The memo strongly suggests:
even genuine marriages may still face discretionary denial.
USCIS officers may now evaluate:
- immigration compliance,
- humanitarian factors,
- criminal history,
- public statements,
- family equities,
- and broader “totality of circumstances.”
Are Some Marriage Cases Safer Than Others?
Potentially safer categories may include:
- long-term marriages,
- couples with children,
- applicants with strong lawful history,
- immigrants with strong humanitarian equities,
- and couples with extensive joint documentation.
However:
no category appears completely immune from increased scrutiny.
What Happens If USCIS Denies a Marriage Green Card?
Potential consequences may include:
- loss of work authorization,
- unlawful presence accrual,
- Notices to Appear (NTAs),
- immigration court proceedings,
- or pressure toward consular processing.
Related:
Official USCIS NTA guidance:
What Should Married Couples Do Right Now?
1. Strengthen Relationship Evidence
Gather:
- financial records,
- joint documents,
- photographs,
- travel history,
- and affidavits.
2. Review Immigration History Carefully
Identify:
- overstays,
- unauthorized employment,
- unlawful presence,
- or prior visa problems.
3. Preserve Documentation
Save:
- tax returns,
- USCIS filings,
- approval notices,
- and proof of lawful status.
4. Avoid International Travel Without Legal Advice
Travel risks may now be increasing significantly.
5. Prepare for More Aggressive Interviews
Couples should carefully prepare for:
- detailed questioning,
- document review,
- and potential Stokes interviews.
Richard Herman’s Predictions About Marriage Green Cards in 2026
Based on more than 30 years practicing immigration law, I expect:
- increased RFEs,
- more NOIDs,
- more Stokes interviews,
- broader discretionary review,
- and greater scrutiny of marriage evidence.
I also expect:
- increased social media vetting,
- greater fear among mixed-status families,
- and more litigation challenging arbitrary adjustment denials.
These concerns are already reshaping immigration strategy nationwide. (Vox)
Frequently Asked Questions (FAQ)
Will marriage green cards become harder in 2026?
Potentially yes. Most immigration lawyers expect increased scrutiny under the new USCIS memo.
Can USCIS deny a marriage green card even if the marriage is real?
Yes. Adjustment of status is discretionary.
Are Stokes interviews becoming more common?
Many lawyers expect:
yes.
Could USCIS force married couples into consular processing?
Not directly, but denial of adjustment may effectively leave consular processing as the only remaining pathway.
What evidence should married couples prepare?
Important evidence may include:
- joint finances,
- leases,
- insurance,
- tax returns,
- photos,
- and affidavits.
Should married couples travel internationally right now?
That depends on the individual case. Many couples should seek legal advice before travel.
Final Thoughts
The new USCIS adjustment-of-status memo may fundamentally reshape marriage-based immigration.
For many couples, the fear is no longer simply:
“Will USCIS approve our marriage case?”
It is now:
“Will USCIS use discretion to deny us anyway?”
Under the administration’s new policy framework:
- scrutiny is increasing,
- discretionary review is expanding,
- and immigration “risk assessments” may become the new normal.
At the same time:
genuine marriages can still succeed.
But:
- preparation,
- documentation,
- interview readiness,
- and strategic planning
now matter more than ever.
Schedule a Consultation
If you are concerned about:
- marriage-based green cards,
- I-485 denial risks,
- Stokes interviews,
- consular processing,
- unlawful presence,
- RFEs,
- NOIDs,
- 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
