By Richard Herman, Immigration Attorney with More Than 30 Years of Experience
Many immigrants are now asking a question that would have sounded like science fiction only a few years ago:
“Is artificial intelligence reviewing my immigration case?”
That fear has intensified dramatically after:
- the Trump administration’s new USCIS adjustment-of-status memo,
- expanding DHS artificial intelligence programs,
- increased social media vetting,
- and growing reports of automated immigration screening systems.
Today, many immigrants worry USCIS may use AI to:
- flag applications,
- identify inconsistencies,
- generate RFEs,
- analyze social media,
- detect “risk factors,”
- or recommend deeper scrutiny of green card applicants.
Those concerns have become even more intense following the new USCIS I-485 memo issued in May 2026 emphasizing that:
adjustment of status is discretionary.
The memo repeatedly describes adjustment as:
an “extraordinary act of grace.”
That language has alarmed immigration lawyers nationwide because it suggests:
- broader discretionary review,
- increased scrutiny,
- more RFEs,
- more NOIDs,
- and potentially more adjustment denials.
This article explains:
- whether USCIS actually uses AI,
- how AI may affect immigration adjudications,
- what the DHS AI Use Case Inventory reveals,
- how AI may impact I-485 cases,
- what risks immigrants should understand,
- and what applicants should do now.
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 growing immigrant fears surrounding immigration “risk assessments.”
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 immigrants are increasingly requesting:
“immigration risk assessments”
before:
- filing Form I-485,
- traveling internationally,
- changing employers,
- or making long-term immigration decisions.
The interviews discussed growing fears regarding:
- discretionary denials,
- social media vetting,
- immigration “risk scoring,”
- and broader immigration scrutiny. (KLCC)
Richard Herman also recently discussed growing anxiety among international students in another NPR-affiliated interview:
In that interview, Herman explained that many students are now deeply worried about:
- social media review,
- immigration vetting,
- and AI-driven screening systems. (KLCC)
Does USCIS Actually Use Artificial Intelligence?
Yes — DHS and USCIS already use AI systems.
This is not speculation.
The Department of Homeland Security publicly maintains:
- a DHS AI Use Case Inventory,
- listing numerous USCIS-related AI systems and automated review tools.
Official DHS AI inventory:
The DHS inventory specifically states that AI tools are used to:
“review existing records for adjudicating requests for immigration benefits.” (Department of Homeland Security)
The inventory also explains these systems help:
- review records,
- identify aliases,
- process documents,
- and improve adjudication efficiency. (Department of Homeland Security)
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:
adjustment is an “extraordinary act of grace.”
Official USCIS guidance:
Immigration lawyers nationwide fear the memo may lead to:
- more RFEs,
- broader discretionary review,
- increased scrutiny,
- and expanded “risk assessment” practices. (Cozen O’Connor)
Related Herman Legal Group analysis:
- Top 10 I-485 Denial Risks in 2026
- What Happens If Your Adjustment of Status Is Denied?
- What Counts as Extraordinary Circumstances?
- USCIS Artificial Intelligence 2026: Shaping Immigration Decisions
- USCIS Vetting Center High-Risk Countries and Social Media Screening
How Might AI Affect Immigration Cases?
This is the critical question.
At the moment:
USCIS insists human officers still make final decisions.
However, AI systems may increasingly help:
- sort evidence,
- identify inconsistencies,
- flag anomalies,
- classify documents,
- prioritize cases,
- and trigger additional review.
The DHS inventory confirms USCIS uses AI to improve:
“reviewing existing records for adjudicating requests for immigration benefits.” (Department of Homeland Security)
Legal analysts and immigration attorneys increasingly believe AI may affect:
- intake review,
- fraud screening,
- document classification,
- and security vetting. (EB-5 Insights)
Could AI Generate RFEs or NOIDs?
Possibly.
Some immigration lawyers have reported:
- unusually fast RFEs,
- repetitive language patterns,
- and highly standardized deficiency notices.
However:
USCIS has not publicly confirmed AI-generated RFEs.
Some practitioners suspect AI-assisted drafting tools may already influence:
- RFEs,
- intake screening,
- and document review workflows. (Alma Immigration)
Could USCIS Use AI to Analyze Social Media?
Potentially yes.
Many immigrants now fear expanding:
- social media review,
- online behavioral analysis,
- and digital “risk scoring.”
These concerns have become central themes in Richard Herman’s NPR interviews this week.
Immigration lawyers increasingly believe:
- social media inconsistencies,
- political activity,
- online statements,
- or travel history
may trigger additional scrutiny. (Herman Legal Group LLC)
Could AI Flag Marriage Green Card Cases?
Potentially.
AI systems are especially effective at:
- pattern detection,
- anomaly review,
- and identifying inconsistent data.
That means marriage-based cases with:
- inconsistent addresses,
- conflicting timelines,
- unusual filing patterns,
- or contradictory documentation
may receive additional scrutiny.
Related:
Could AI Affect H-1B and Employment-Based Cases?
Very likely.
Employment-based immigration generates:
- massive datasets,
- wage records,
- job classifications,
- and compliance information.
AI systems may increasingly review:
- wage levels,
- employment history,
- LCA consistency,
- payroll records,
- and job descriptions.
Related:
- Should H-1B Holders Avoid Filing I-485 Right Now?
- H-1B Immigration Resources
- Employment-Based Immigration Resources
Could AI Affect International Students?
Potentially yes.
F-1 students increasingly fear:
- SEVIS monitoring,
- CPT scrutiny,
- social media screening,
- and “risk assessment” analysis.
Potential areas of AI-assisted scrutiny may include:
- Day 1 CPT,
- employment authorization,
- attendance patterns,
- online activity,
- and status compliance.
Related:
What Are Immigration Lawyers Most Concerned About?
Many lawyers fear:
opaque decision-making.
The biggest concern is not simply AI itself.
It is:
- lack of transparency,
- inability to challenge algorithmic assumptions,
- and potential bias in automated screening systems.
Civil rights organizations have already raised concerns about:
- DHS AI deployment,
- rights-impacting algorithms,
- and insufficient oversight. (theadvocatesforhumanrights.org)
Can AI Deny Your Green Card Automatically?
As of now:
USCIS says human officers still make final decisions.
However:
AI systems may increasingly influence:
- how cases are prioritized,
- which applications receive deeper scrutiny,
- and what issues officers focus on reviewing.
That distinction matters enormously.
What Should Immigrants Do Right Now?
1. Assume USCIS Reviews Digital Information Carefully
Applicants should assume:
- inconsistencies matter,
- online activity may be reviewed,
- and documentation precision is critical.
2. Review Immigration History Thoroughly
Look for:
- status gaps,
- inconsistent filings,
- unauthorized employment,
- or prior immigration violations.
3. Preserve Documentation Carefully
Save:
- immigration approvals,
- pay records,
- tax returns,
- travel history,
- and supporting evidence.
4. Be Careful About Social Media Activity
Avoid:
- inconsistent public statements,
- false representations,
- or misleading information.
5. Consult an Experienced Immigration Attorney
Strategic planning now matters more than ever.
Richard Herman’s Predictions About AI and Immigration Cases
Based on more than 30 years practicing immigration law, I expect:
- expanded AI-assisted intake review,
- broader automated screening,
- increased social media vetting,
- more standardized RFEs,
- and greater use of “risk assessment” systems.
I also expect:
- more federal litigation,
- increasing due-process challenges,
- and growing public concern about algorithmic immigration enforcement.
These issues are rapidly becoming central themes in immigration law nationwide. (Cozen O’Connor)
Frequently Asked Questions (FAQ)
Does USCIS use artificial intelligence?
Yes. DHS publicly acknowledges USCIS-related AI systems in the DHS AI Use Case Inventory.
Can AI deny an immigration case automatically?
USCIS says human officers still make final decisions.
Does USCIS review social media?
Potentially yes, especially in security and discretionary screening contexts.
Could AI generate RFEs?
Possibly, although USCIS has not formally confirmed fully AI-generated RFEs.
Could AI affect marriage green card cases?
Potentially yes, especially where inconsistencies or fraud indicators appear.
Could AI affect H-1B and F-1 cases?
Very likely, particularly regarding compliance, status maintenance, and document review.
Final Thoughts
The question is no longer:
“Will AI affect immigration someday?”
The reality is:
AI is already part of the immigration system.
The bigger question now is:
- how much influence these systems have,
- how transparent the process will be,
- and whether immigrants will receive meaningful due process protections.
Under the new USCIS I-485 memo:
- discretionary scrutiny is increasing,
- “risk assessments” are expanding,
- and immigration adjudications may become more data-driven than ever before.
For immigrants:
preparation, consistency, and strategic planning now matter more than ever.
Schedule a Consultation
If you are concerned about:
- AI immigration screening,
- I-485 denial risks,
- social media vetting,
- H-1B adjustment strategy,
- marriage green cards,
- F-1 student risks,
- 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
