USCIS’s New I-485 Memo Changes Everything: Why Adjustment of Status Is Now Under Heavy Discretionary Scrutiny

The memo’s broader discretion standard makes affirmative evidence essential; use our immigration equities package for adjustment of status to organize that record.

Applicants should plan for both substantive denial risk and a possible shift away from adjustment. See what happens after an I-485 denial and when USCIS may force consular processing.

Discretionary I-485 review is different from an unlawful blanket hold. Our analysis explains the court order vacating USCIS immigration-hold policies.

For the later clarification and its practical limits, see our analysis of whether USCIS walked back PM-602-0199.

By Richard Herman, Immigration Attorney (30+ Years Experience)

 

Overview: What the New USCIS I-485 Memo Means

The new USCIS adjustment of status memo issued on May 21, 2026 dramatically expands discretionary review in green card cases. USCIS officers may now deny Form I-485 adjustment of status applications even when applicants technically qualify under immigration law. The policy places greater emphasis on: The recent changes surrounding the USCIS I-485 memo are crucial for applicants to understand as they navigate the adjustment of status process.

• family ties,
• hardship,
• tax compliance,
• moral character,
• rehabilitation,
• and other “positive equities.”

The memo could lead to: These changes may also lead to increased inquiries regarding the USCIS I-485 memo, affecting how cases are prepared.

• more RFEs,
• more NOIDs,
• increased scrutiny of H-1B and marriage-based green card cases,
• and more federal court litigation.

Immigration attorneys nationwide expect significant legal challenges to the policy.

The New I-485 Memo

The USCIS I-485 memo signifies a critical evolution in immigration policy that applicants must heed. On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued one of the most consequential immigration policy memoranda in decades. The memorandum — officially titled: “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process” signals a dramatic shift in how USCIS intends to adjudicate green card applications filed inside the United States (Form I-485 adjustment of status applications). Official USCIS Memorandum: https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf Official USCIS News Release: https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary The implications of the USCIS I-485 memo are far-reaching and require strategic adaptation by applicants. The practical message from USCIS is unmistakable: Merely qualifying for adjustment of status may no longer be enough. Applicants may now need to affirmatively prove they deserve favorable discretion. This represents a major philosophical and operational change in green card adjudications.

Key Takeaways About the New USCIS I-485 Memo

Understanding the nuances of the USCIS I-485 memo can greatly influence an application’s success.

• • USCIS now treats adjustment of status as “extraordinary relief,” not a routine immigration benefit
  • Immigration officers may deny green card applications even where applicants technically qualify under the law
  • USCIS is expected to issue substantially more RFEs (Requests for Evidence) and NOIDs (Notices of Intent to Deny)
  • Marriage-based and employment-based green card cases may face significantly greater scrutiny
  • Applicants with overstays, unauthorized employment, or prior immigration violations could face increased risk
  • USCIS may now weigh hardship, tax compliance, moral character, and community involvement more heavily
  • Strong discretionary evidence is becoming increasingly important in I-485 cases

The USCIS I-485 memo highlights the shift towards a more subjective evaluation process.

• Many immigration lawyers expect federal lawsuits challenging the new policy memo
• The Supreme Court’s Patel v. Garland decision may influence how courts review adjustment denials
• Applicants should prepare adjustment cases more like waiver cases, with extensive supporting evidence
• Early legal strategy and careful documentation are now more important than ever

Official USCIS Memo: https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf WBUR/NPR Interview Featuring Richard Herman: https://www.wbur.org/hereandnow/2026/05/26/trump-green-card-rules

What Green Card Applicants Should Do Immediately

✅ Save IRS tax transcripts and recent tax returns ✅ Gather strong character and support letters ✅ Preserve proof of lawful employment and income ✅ Document family ties and caregiving responsibilities ✅ Obtain certified court records for any arrests or charges ✅ Prepare explanations for overstays or immigration violations ✅ Collect hardship evidence (medical, financial, psychological) ✅ Save proof of community involvement and volunteer work ✅ Review prior immigration filings for inconsistencies ✅ Consult experienced immigration counsel before filing The new USCIS I-485 memo means adjustment of status cases may now face significantly greater discretionary scrutiny. Strong documentation and proactive preparation are more important than ever. In light of the USCIS I-485 memo, having robust documentation is essential for applicants. Schedule a consultation: https://www.lawfirm4immigrants.com/book-consultation/ Call: +1-216-696-6170

What Is Adjustment of Status?

Adjustment of status allows certain immigrants already inside the United States to apply for lawful permanent residence (“green card”) without leaving the country for consular processing abroad. The governing statute is:

INA § 245

8 U.S.C. § 1255 Cornell Legal Information Institute: https://www.law.cornell.edu/uscode/text/8/1255 As highlighted by the USCIS I-485 memo, the importance of positive discretionary factors cannot be overstated. Critically, the statute states:

“The status of an alien … may be adjusted by the Attorney General, in his discretion…”

USCIS is now relying heavily on the phrase:

“in his discretion”

to justify broader officer authority to deny cases even where statutory eligibility exists.

With the USCIS I-485 memo in effect, applicants may face fresh challenges in their petitions.

Why This Memo Matters So Much

For decades, many adjustment cases functioned largely as technical adjudications. If applicants:

• • qualified under the statute,
  • passed background checks,
  • established admissibility,
  • and submitted proper documentation,

The changing landscape due to the USCIS I-485 memo necessitates strategic foresight. approval often followed. Discretion technically existed, but in practice it was often secondary. This memo changes that. USCIS officers are now instructed to place far greater emphasis on discretionary balancing. The agency repeatedly characterizes adjustment as:

• “administrative grace,”
• “extraordinary relief,”
• and an exception to the “ordinary” process of consular processing abroad.

This means: Applicants should examine how the USCIS I-485 memo affects their specific circumstances.

• subjective officer judgment may matter more,
• “positive equities” may matter more,
• and adverse discretionary factors may become far more important.

USCIS Appears to Be Encouraging More Discretionary Denials

The memo strongly suggests that USCIS officers should:

• weigh positive and negative factors more aggressively,
• deny cases lacking strong favorable equities,
• and treat adjustment as exceptional rather than routine.

One particularly concerning statement in the memo says: The USCIS I-485 memo sets a new tone for immigration adjudications moving forward. the absence of adverse factors alone may not justify favorable discretion. In practical terms: having a clean record may no longer be enough. Applicants may now need to demonstrate affirmative reasons why they deserve permanent residence.

Who Could Be Most Affected?

The memo potentially affects:

• • marriage-based green card applicants,

The ramifications of the USCIS I-485 memo are particularly significant for family-based applicants.

• • H-1B professionals,
  • L-1 multinational executives,
  • F-1 students,
  • physicians,
  • startup founders,
  • EB-2 and EB-1 applicants,
  • undocumented spouses of U.S. citizens,
  • parole recipients,

Those engaged in employment-based petitions must closely follow the USCIS I-485 memo developments.

• and long-term visa overstays.

Particular scrutiny may focus on:

• unlawful presence,
• unauthorized employment,
• prior immigration violations,
• prior removal proceedings,
• criminal history,
• tax issues,
• prior fraud allegations,
• public benefits concerns,
• and applicants who entered temporarily but later sought permanent residence.

Understanding the USCIS I-485 memo is critical for those navigating this complex landscape.

Employment-Based Applicants Should Not Assume They Are Safe

Many H-1B and L-1 professionals historically assumed that maintaining lawful status and obtaining employer sponsorship would generally lead to green card approval. The memo suggests USCIS may now conduct broader discretionary reviews even for highly skilled workers. At the same time, the memo expressly acknowledges that dual-intent visa categories remain legally valid. That is important. USCIS specifically states that adjustment is not inherently inconsistent with H-1B or L-1 status. However, the agency also suggests that lawful dual-intent status alone may not guarantee favorable discretion. That creates uncertainty for:

• • physicians,
  • engineers,

Moreover, applicants must acknowledge the influence of the USCIS I-485 memo on their applications.

• researchers,
• tech workers,
• multinational executives,
• and other employment-based immigrants.

Family-Based Applicants Could Also Face Increased Scrutiny

Marriage-based green card applicants should not assume the memo only targets employment-based immigration. USCIS may now examine:

• • prior unlawful presence,
  • unauthorized employment,
  • prior immigration filings,

As pointed out in discussions about the USCIS I-485 memo, proactive approaches are now essential.

• financial stability,
• tax compliance,
• prior marriages,
• relationship history,
• and broader discretionary factors.

Even immediate relatives of U.S. citizens may face expanded scrutiny.

USCIS May Begin Issuing More RFEs Seeking “Positive Equities”

One likely result of this policy is a sharp increase in Requests for Evidence (RFEs). USCIS officers may now request evidence demonstrating:

• • rehabilitation,

Given the USCIS I-485 memo, applicants are encouraged to gather comprehensive evidence.

• hardship,
• tax compliance,
• financial stability,
• community involvement,
• caregiving responsibilities,
• education,
• employment history,
• and good moral character.

Our office is already advising clients to proactively prepare evidence previously considered optional in many adjustment filings.

The USCIS I-485 memo emphasizes the need for thorough documentation and representation.

What Types of Evidence Could Become Critical?

Examples include:

• • tax returns and IRS transcripts,
  • proof of lawful employment,
  • property ownership,
  • business ownership,
  • evidence of volunteer work,
  • church or religious involvement,
  • letters from employers,
  • school records for children,

Regardless of the pathway, the USCIS I-485 memo will impact how applications are processed.

• psychological evaluations,
• medical documentation,
• evidence of rehabilitation,
• military service,
• and proof of long residence in the United States.

Our office recently prepared client guidance summarizing many of these likely evidentiary categories.

The Supreme Court’s Patel Decision May Play a Major Role

USCIS appears poised to rely heavily on the Supreme Court’s decision in:

Patel v. Garland

Supreme Court opinion: https://www.supremecourt.gov/opinions/21pdf/20-979_h3ci.pdf The implications of the USCIS I-485 memo extend to various immigrant categories. In Patel, the Court broadly interpreted limits on judicial review involving discretionary immigration decisions. USCIS may argue that:

• adjustment is discretionary,
• courts cannot easily review discretionary denials,
• and officers therefore possess broad authority.

However, many immigration lawyers believe Patel does not give USCIS unlimited power. Federal litigation challenging this memo is widely expected.

Important BIA Cases May Become Central to Litigation

Several historic Board of Immigration Appeals (BIA) decisions may become important in future legal challenges.

Matter of Arai

As noted in many analyses, understanding the USCIS I-485 memo is essential for all applicants. Historically held that once eligibility is established, adjustment ordinarily should be granted absent adverse factors. https://www.justice.gov/sites/

Matter of Marin

Foundational balancing test case involving positive and negative equities in discretionary immigration adjudications. https://www.justice.gov/ Many practitioners believe the new USCIS memo departs significantly from how adjustment discretion has historically operated in practice.

Could This Memo Be Challenged in Federal Court?

Almost certainly. The legal landscape surrounding the USCIS I-485 memo is evolving, requiring constant vigilance. Potential legal arguments include:

• violation of the Administrative Procedure Act (APA),
• improper rulemaking without notice-and-comment procedures,
• arbitrary and capricious agency action,
• inconsistency with congressional intent,
• and unconstitutional vagueness or due process concerns.

Critics argue USCIS is effectively attempting to narrow adjustment eligibility without Congress changing the law. Litigation may ultimately limit how aggressively USCIS can implement this policy. But for now, applicants should assume the memo will be enforced.

Mainstream Media Coverage Has Been Extensive

Media reports on the USCIS I-485 memo highlight the widespread implications for applicants. The memo has triggered nationwide concern among immigrants, universities, employers, and immigration lawyers. Reuters reported that the policy could push more applicants toward consular processing abroad and potentially separate families. WBUR/NPR interviewed immigration attorney Richard Herman regarding the memo and its practical consequences for green card applicants. WBUR/NPR interview: https://www.wbur.org/hereandnow/2026/05/26/trump-green-card-rules During the interview, Richard Herman explained that:

• the memo injects enormous uncertainty into adjustment adjudications,
• expands officer discretion,
• and may fundamentally alter how immigrants prepare green card applications.

Additional national coverage has emphasized widespread fear and confusion among green card applicants following release of the memo.

Practical Strategies for I-485 Applicants Right Now

Importantly, the USCIS I-485 memo influences how cases are strategized and presented.

1. Treat Your I-485 Like a Waiver Case

Do not assume technical eligibility alone is sufficient. Build a strong discretionary record.

2. Resolve Tax Problems Immediately

Tax compliance may become increasingly important. Address:

• • missing returns,
  • payment plans,
  • contractor reporting issues,
  • and inconsistencies.

The shift introduced by the USCIS I-485 memo cannot be overstated.

3. Gather Strong Character Evidence

Letters from:

• employers,
• clergy,
• professors,
• community leaders,
• neighbors,
• and coaches

may become increasingly valuable.

4. Prepare Thorough Explanations for Immigration Violations

   Understanding the USCIS I-485 memo will allow applicants to better navigate their cases.

If there were:

• overstays,
• unauthorized employment,
• status violations,
• prior visa denials,
• or removal proceedings,

prepare detailed legal explanations and mitigating evidence.

5. Anticipate More RFEs and Possible NOIDs

USCIS may issue:

• • Requests for Evidence (RFEs),

The USCIS I-485 memo has significant implications for future cases.

• Notices of Intent to Deny (NOIDs),
• and broader discretionary inquiries.

Respond aggressively and comprehensively.

Richard Herman’s Predictions About the New USCIS I-485 Policy Memo

After more than 30 years practicing immigration law, I believe the new USCIS adjustment of status memo may fundamentally reshape how green card cases are prepared, adjudicated, and litigated in the United States. While the full impact remains uncertain, several trends already appear likely.

1. Increased Green Card Denial Rates

I expect denial rates for adjustment of status applications to increase, particularly in cases involving:

• • unlawful presence,
  • unauthorized employment,

The evolving interpretation of the USCIS I-485 memo continues to impact applicants nationwide.

• prior immigration violations,
• criminal history,
• inconsistent filings,
• or discretionary concerns.

Even applicants who technically qualify under immigration law may face greater difficulty obtaining approval.

2. Significant Increase in RFEs and NOIDs

USCIS officers will likely issue substantially more:

• • Requests for Evidence (RFEs),
  • Notices of Intent to Deny (NOIDs),
  • and discretionary inquiry notices.

As such, the USCIS I-485 memo remains a focal point in adjustment discussions. Applicants should expect USCIS to request evidence involving:

• hardship,
• tax compliance,
• moral character,
• family ties,
• rehabilitation,
• and community involvement.

Adjustment of status cases may increasingly resemble waiver cases.

3. More Pressure Toward Consular Processing

The memo repeatedly describes consular processing abroad as the “ordinary” immigration process while characterizing adjustment of status as “extraordinary relief.” The USCIS I-485 memo challenges the assumptions previously held by many applicants. I believe USCIS may increasingly:

• discourage adjustment filings,
• narrow discretionary approvals,
• and pressure more applicants toward consular processing abroad.

This could create major risks for families involving:

• unlawful presence bars,
• visa backlogs,
• administrative processing delays,
• and overseas interview uncertainty.

4. Surge in Federal Litigation

   As we move forward, the USCIS I-485 memo will undoubtedly shape immigration policy.

I expect substantial federal court litigation challenging the memo. Potential legal claims may include:

• Administrative Procedure Act (APA) violations,
• arbitrary and capricious agency action,
• improper rulemaking,
• due process violations,
• and conflicts with congressional intent.

Multiple lawsuits nationwide are highly likely.

5. Increase in Mandamus and Delay Litigation

If USCIS officers apply broader discretionary review procedures, adjustment adjudications may slow dramatically. Anticipating changes brought about by the USCIS I-485 memo is essential for applicants. This could produce:

• longer processing times,
• more stalled cases,
• more security review delays,
• and increased mandamus litigation in federal court seeking adjudication of delayed I-485 applications.

6. Greater Importance of “Human Storytelling” in Immigration Cases

Historically, many green card cases were prepared primarily as technical legal filings. That approach may no longer be enough. I believe successful adjustment applications increasingly will require applicants to demonstrate:

• • positive equities,

The USCIS I-485 memo highlights the importance of proactive legal strategies.

• family contributions,
• community involvement,
• rehabilitation,
• hardship,
• and compelling humanitarian circumstances.

The strongest cases will tell a persuasive human story supported by substantial documentary evidence.

7. Expanded Discretion Creates Risk of Inconsistent or Selective Enforcement

One major concern is that broad discretionary standards may produce inconsistent adjudications between officers, field offices, or regions. Applicants with similar facts may receive very different outcomes depending on:

• • officer interpretation,

Overall, the USCIS I-485 memo represents a significant shift in immigration procedures.

• local adjudication culture,
• or shifting political priorities.

This type of expanded subjectivity often creates unpredictability within the immigration system.

8. Employment-Based Applicants Will No Longer Assume Approval Is Routine

Many H-1B, L-1, and employment-based applicants historically viewed adjustment of status as relatively straightforward once sponsorship and eligibility requirements were met. I believe that assumption is now dangerous. Employment-based applicants should expect USCIS to examine:

• • maintenance of status,
  • payroll history,
  • tax records,

In summary, the USCIS I-485 memo will change the landscape of how these cases are reviewed.

• immigration history,
• and discretionary factors far more aggressively than before.

9. USCIS May Attempt to Expand Use of Patel v. Garland

I expect the government to rely heavily on the Supreme Court’s decision in Patel v. Garland to argue that courts cannot meaningfully review discretionary adjustment denials. At the same time, immigration advocates likely will argue:

• Patel has limits,
• adjustment discretion is not unlimited,
• and USCIS cannot create entirely new substantive standards through policy memoranda alone.

This issue may become one of the next major immigration battles in federal courts. Supreme Court decision: https://www.supremecourt.gov/opinions/21pdf/20-979_h3ci.pdf As the USCIS I-485 memo continues to unfold, applicants must remain informed.

10. Early Legal Strategy Will Become More Important Than Ever

Under this new policy framework, I believe proactive case preparation is critical. Applicants should no longer assume:

• their case is “routine,”
• USCIS will issue an RFE before denial,
• or statutory eligibility alone guarantees approval.

Careful legal analysis, strong documentation, and early discretionary strategy may now determine whether many green card applications succeed or fail.

Final Thought from Richard Herman

This memorandum may become one of the most important immigration policy developments of the decade. Whether portions of the policy ultimately survive federal court review remains uncertain. Ultimately, the USCIS I-485 memo requires careful consideration in all adjustment strategies. But right now, adjustment of status cases are entering a new era — one where discretion, documentation, and strategic preparation matter more than ever before. After more than 30 years practicing immigration law, I view this memorandum as one of the most significant shifts in adjustment adjudication policy in recent history. Adjustment of status is no longer simply about proving eligibility. USCIS officers may now evaluate:

• your life history,
• your equities,
• your family ties,
• your tax compliance,
• your employment history,
• your moral character,
• and whether they believe you deserve favorable discretion.

The strongest cases going forward will not merely establish eligibility. They will tell a compelling human story.

Frequently Asked Questions About the New USCIS I-485 Adjustment of Status Memo

What is the new USCIS I-485 memo? On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, dramatically expanding discretionary review in adjustment of status (Form I-485) cases. The memo states that adjustment of status is an “extraordinary” discretionary benefit and not merely a routine administrative process. Official USCIS Memo: https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf Can USCIS deny my green card even if I legally qualify? Potentially yes. Under the new memo, USCIS officers may deny adjustment of status applications even where applicants technically satisfy the statutory eligibility requirements. USCIS now appears to place greater emphasis on:

• discretionary factors,
• positive equities,
• hardship,
• moral character,
• tax compliance,
• and overall applicant history.

What does “discretionary denial” mean? A discretionary denial means USCIS denies the case based on officer judgment rather than solely because the applicant failed to meet statutory requirements. Adjustment of status under INA § 245 has always technically involved discretion, but historically many approvable cases were routinely granted once eligibility was established. The new memo appears to significantly expand how USCIS applies that discretion. Does the new USCIS memo affect marriage-based green cards? Yes. Marriage-based green card applicants may face increased scrutiny regarding:

• prior immigration violations,
• unauthorized employment,
• unlawful presence,
• financial stability,
• tax history,
• prior marriages,
• and overall discretionary factors.

Even immediate relatives of U.S. citizens may now receive broader discretionary review. Does the memo affect H-1B visa holders and employment-based immigrants? Yes. Employment-based immigrants may now face broader review of:

• maintenance of status,
• employment history,
• payroll compliance,
• tax records,
• prior status violations,
• unauthorized employment,
• and other discretionary factors.

This could affect:

• H-1B workers,
• L-1 executives,
• physicians,
• researchers,
• startup founders,
• and EB-1/EB-2 applicants.

Does this mean adjustment of status is ending? No. Adjustment of status remains authorized by federal law under INA § 245. USCIS must still process eligible applications. However, the memo suggests USCIS may apply far stricter discretionary scrutiny when deciding whether to approve cases. Can USCIS issue RFEs asking for proof of “positive equities”? Yes. Many immigration lawyers expect a significant increase in Requests for Evidence (RFEs) seeking evidence of:

• family ties,
• hardship,
• community involvement,
• tax compliance,
• rehabilitation,
• employment history,
• and moral character.

Applicants should prepare more comprehensive documentation than in prior years. What are “positive equities” in immigration cases? Positive equities are favorable discretionary factors USCIS may weigh when deciding whether to approve an immigration benefit. Examples include:

• long residence in the United States,
• U.S. citizen children,
• marriage to a U.S. citizen,
• military service,
• community involvement,
• volunteer work,
• stable employment,
• business ownership,
• tax compliance,
• and rehabilitation.

What negative factors could USCIS consider? Potential adverse discretionary factors may include:

• unlawful presence,
• unauthorized employment,
• prior immigration violations,
• criminal history,
• fraud allegations,
• removal proceedings,
• tax problems,
• inconsistent applications,
• and public safety concerns.

The memo suggests USCIS officers may weigh these factors more aggressively than before. Can USCIS deny my I-485 without issuing an RFE? Potentially yes. Although USCIS often issues RFEs or Notices of Intent to Deny (NOIDs), the agency may deny cases without first requesting additional evidence in some situations. This is one reason why submitting a strong initial filing package is now more important than ever. What evidence should I include with my I-485 now? Depending on the case, applicants may wish to include:

• IRS tax transcripts,
• employment verification letters,
• proof of lawful employment,
• mortgage or lease documents,
• bank records,
• community support letters,
• medical evidence,
• hardship evidence,
• rehabilitation records,
• and proof of long-term residence in the United States.

Every case is different and should be evaluated individually. Does this memo affect undocumented spouses of U.S. citizens? Potentially yes. Undocumented spouses applying for adjustment may face heightened discretionary scrutiny, particularly involving:

• unlawful presence,
• unauthorized employment,
• prior entries,
• prior removal proceedings,
• and other immigration history issues.

However, adjustment of status may still remain available in many cases. Does the memo affect people with prior immigration violations? Yes. Applicants with:

• visa overstays,
• unauthorized employment,
• prior removal orders,
• prior immigration fraud allegations,
• or status violations

may face greater scrutiny under the new policy framework. Strong legal preparation and discretionary evidence may become increasingly important. Does this policy affect consular processing cases too? Indirectly, yes. The memo repeatedly emphasizes that consular processing abroad is the “ordinary” immigration process, while adjustment of status inside the United States is considered exceptional. Some critics believe USCIS may increasingly pressure applicants toward consular processing. Is the new USCIS memo being challenged in court? Federal litigation is widely expected. Potential legal arguments may include:

• Administrative Procedure Act (APA) violations,
• improper rulemaking,
• arbitrary and capricious agency action,
• and due process concerns.

At this time, however, the memo remains in effect. What is Patel v. Garland and why does it matter? Patel v. Garland is a 2022 Supreme Court case involving judicial review of discretionary immigration decisions. USCIS may rely on Patel to argue that courts cannot easily review discretionary adjustment denials. Supreme Court decision: https://www.supremecourt.gov/opinions/21pdf/20-979_h3ci.pdf Many immigration lawyers believe the government may attempt to use Patel aggressively in future litigation involving adjustment denials. What is Matter of Arai? Matter of Arai is an important Board of Immigration Appeals (BIA) decision discussing discretionary balancing in adjustment cases. Historically, Matter of Arai suggested that once applicants established eligibility, adjustment ordinarily should be granted absent significant adverse factors. Many immigration attorneys believe the new USCIS memo departs substantially from that historical approach. Matter of Arai: https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/1806.pdf Could green card denial rates increase because of this memo? Potentially yes. Many immigration attorneys expect:

• more RFEs,
• more NOIDs,
• longer processing times,
• greater discretionary scrutiny,
• and potentially higher denial rates.

The full impact of the memo remains uncertain because implementation is still evolving. Should I still file adjustment of status now? In many situations, yes. For eligible applicants, adjustment of status may still provide major advantages compared to consular processing abroad. However, cases should now be prepared much more carefully and strategically than before. Applicants should consult experienced immigration counsel regarding risks and documentation strategies. How can I strengthen my adjustment of status case now? Strong cases increasingly may require:

• comprehensive documentation,
• evidence of positive equities,
• tax compliance,
• strong hardship evidence,
• detailed legal analysis,
• and proactive responses to possible discretionary concerns.

Applicants should treat many I-485 cases more like waiver cases than simple administrative filings. Where can I learn more about the new USCIS policy? Official USCIS memo: https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf Official USCIS announcement: https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary WBUR/NPR interview featuring Richard Herman: https://www.wbur.org/hereandnow/2026/05/26/trump-green-card-rules      

Need Help With Your Adjustment of Status Case?

If you are filing Form I-485 or responding to an RFE or NOID, experienced legal representation is more important than ever. Richard Herman and the Herman Legal Group have over 30 years of experience helping immigrants nationwide navigate complex green card and immigration cases. Schedule a consultation: https://www.lawfirm4immigrants.com/book-consultation/ Call: +1-216-696-6170  

Applicants facing discretionary review should also consider downstream consular risks, including new public charge screening at U.S. embassies.