Adjustment of Status from H-1B to Spousal Green Card Approved for Korean Graphic Designer

We recently received an approval of an adjustment of status for a graphic designer who is a national of South Korea. Congratulations to our client!

In May 2026, the USCIS announced it would be approving adjustment of status applications only in extraordinary circumstances. It is therefore incumbent on the applicant to explain why they meet a favorable exercise of discretion in granting an adjustment of status (getting lawful permanent resident— a green card— in the United States) rather than consular processing (obtaining an immigrant visa abroad and then reentering the United States). In this case, the applicant was in lawful H-1B status as a graphic designer, which is a nonimmigrant status that permits dual intent, which means both temporary and permanent intent to reside in the United States. The memo on extraordinary circumstances clearly states on page 5 that applying for an adjustment of status while holding a nonimmigrant status that permit dual intent is not inconsistent. This fact, along with other positive equities, were presented to the USCIS and it was approved the day after the interview.

I have represented binational couples for over a decade navigate through the U.S. immigration system. Don’t hesitate to contact me for a consultation at amir@rasoulpourlaw.com.