What Counts as “Extraordinary Circumstances” Under the New USCIS I-485 Memo in 2026?

By Richard Herman, Immigration Attorney with More Than 30 Years of Experience

The new USCIS adjustment-of-status memo issued in May 2026 may become one of the most consequential immigration policy shifts in years. But one phrase in particular is now creating panic among immigrants, employers, universities, and immigration lawyers nationwide: “Extraordinary circumstances.”

The problem is that USCIS has not clearly defined what that means. The new policy memorandum repeatedly emphasizes that adjustment of status is discretionary, approval is not automatic, and applicants must merit a favorable exercise of discretion. The memo repeatedly describes adjustment of status as an “extraordinary act of grace.”

Now immigrants across the United States are asking: What exactly counts as extraordinary circumstances? Will USCIS deny my I-485 if my case is “ordinary”? Are H-1B workers at risk? Are marriage green card cases safer? Will USCIS force more immigrants into consular processing? What evidence should applicants prepare now?

These fears are understandable. Right now, nobody fully knows how USCIS officers will apply this standard. This article explains what the new USCIS memo says, what “extraordinary circumstances” may mean, who may be safest, who may be most vulnerable, what evidence immigrants should prepare, and what immigration lawyers are predicting next.

Richard Herman Discusses the New USCIS Memo on NPR This Week

The uncertainty surrounding the new USCIS memo has become national news. This week, immigration attorney Richard Herman appeared on NPR-affiliated programming discussing how the administration’s new adjustment-of-status policies may affect H-1B workers, employment-based immigrants, marriage-based green card applicants, F-1 students, and families with pending Form I-485 applications.

Listen here:

• Ideastream Public Media / NPR – Trump Administration Changes Rules to Obtain Green Cards
• NPR Illinois – 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 many immigrants are increasingly requesting “immigration risk assessments” before filing adjustment of status, changing employers, traveling internationally, or deciding whether to remain in the United States. The NPR interviews highlighted growing fear that the administration may issue more discretionary denials, pressure immigrants toward consular processing, expand social media vetting, and scrutinize immigration histories more aggressively.

Richard Herman also recently discussed similar immigration fears affecting international students and visa holders in another NPR-affiliated interview: WBUR / NPR – Immigration Lawyer Says International Students Are Nervous to Come Study in the U.S.

What Is the New USCIS I-485 Memo?

On May 21, 2026, USCIS issued USCIS Policy Memorandum PM-602-0199 – Adjustment of Status and Discretion.

The memo emphasizes that adjustment of status is discretionary. It repeatedly states that approval of Form I-485 is not automatic, even if the applicant appears legally eligible. Official USCIS discretionary guidance is available in the USCIS Policy Manual – Adjustment of Status Discretion.

The memo’s language has alarmed immigration lawyers nationwide because it signals broader discretionary review, increased scrutiny, more RFEs, more NOIDs, and potentially more denials.

Why the Phrase “Extraordinary Circumstances” Is So Important

Because USCIS never clearly defines it, that creates enormous uncertainty. Immigration lawyers now fear USCIS officers could apply wildly inconsistent standards depending on field office, officer discretion, political climate, or internal DHS guidance.

Many attorneys worry this language could become a tool for broader denials, arbitrary adjudications, or pressure toward consular processing abroad. That uncertainty itself is now reshaping immigration strategy nationwide.

What Might USCIS Consider “Extraordinary Circumstances”?

At the moment, nobody knows with certainty. However, immigration lawyers expect USCIS may increasingly favor applicants with strong humanitarian equities, exceptional economic value, compelling hardship, family unity concerns, national interest contributions, or extraordinary community ties.

Potential examples may include severe medical hardship (serious illness, disability, caregiving responsibilities, or lack of treatment abroad), family separation concerns (U.S. citizen children, disabled family members, dependent spouses, or vulnerable relatives), national interest contributions (physicians, engineers, AI researchers, scientists, healthcare workers, and highly skilled H-1B professionals), humanitarian concerns (dangerous country conditions, war, persecution, political instability, or humanitarian emergencies abroad), and exceptional community ties (volunteer service, religious involvement, local leadership, charitable activity, or long-term residence in the United States).

Recent DHS statements suggest immigrants providing economic or national-interest value may still receive favorable discretionary treatment.

Could Ordinary Applicants Be Denied?

Potentially yes. That is one of the biggest fears surrounding the memo. Many immigrants now worry: “What if my case is legally valid but not extraordinary?” This uncertainty is especially alarming for H-1B workers, marriage-based applicants, F-1 students, and employment-based immigrants with pending I-485 applications.

Are H-1B Workers at Risk?

Yes — especially in employment-based green card cases. Many H-1B workers already face layoffs, retrogression, long green card backlogs, RFEs, and wage scrutiny. Now they also fear discretionary denials, employment-history scrutiny, and pressure toward consular processing.

Are Marriage-Based Cases Safer?

Possibly. Immediate relatives of U.S. citizens may still remain among the safest categories. However, no category appears completely immune from increased scrutiny. Marriage-based applicants should carefully prepare relationship evidence, hardship evidence, financial documentation, and discretionary equities.

Could USCIS Push More Immigrants Toward Consular Processing?

Potentially yes. USCIS cannot literally force immigrants to leave the United States. However, denial of adjustment may effectively leave consular processing as the only remaining option. For some immigrants, this may be extremely dangerous. Leaving the U.S. could potentially trigger unlawful presence bars, visa denials, administrative processing, or prolonged separation.

Official USCIS unlawful presence guidance: USCIS Unlawful Presence and Bars to Admissibility

What Evidence Should Immigrants Prepare Right Now?

This is critical. Applicants should begin gathering evidence showing positive discretionary factors. Potential evidence may include family evidence (marriage records, birth certificates, caregiving evidence, dependency documentation), financial evidence (tax returns, employment records, business ownership, property ownership), humanitarian evidence (medical records, psychological evaluations, hardship reports, country conditions evidence), community evidence (volunteer service, religious involvement, leadership roles, local contributions), and immigration compliance evidence (I-94 records, approval notices, lawful maintenance of status, prior immigration filings).

Richard Herman’s Predictions About “Extraordinary Circumstances”

Based on more than 30 years practicing immigration law, I expect increased RFEs, more NOIDs, inconsistent discretionary standards, broader review of immigration history, expanded social media vetting, and increased federal litigation challenging arbitrary denials.

I also expect growing fear among H-1B workers, increased concern among international students, and more immigrants seeking legal “risk assessments” before filing I-485 applications.

[H2] What Should Immigrants Do Right Now?

Immigrants should begin by carefully reviewing their immigration history for status gaps, unauthorized employment, inconsistencies, or prior immigration problems. It is also essential to preserve all documentation, including tax returns, immigration approvals, employment records, and hardship evidence.

Strengthening positive equities is equally important. Positive discretionary evidence may matter more than ever. Finally, speak with an experienced immigration attorney. Strategic planning now matters enormously.

Frequently Asked Questions (FAQ)

What does “extraordinary circumstances” mean in the new USCIS memo? USCIS has not clearly defined the phrase. Immigration lawyers believe it may involve strong humanitarian, family, economic, or national-interest factors.

Can USCIS deny my I-485 even if I qualify? Yes. Adjustment of status is discretionary.

Are H-1B workers at risk under the new memo? Potentially yes, especially where there are layoffs, status violations, or employment inconsistencies.

Are marriage-based green card cases safer? Possibly, but increased scrutiny may still occur.

Could USCIS force immigrants into consular processing? Not directly, but denial of adjustment may leave consular processing as the only remaining option.

Should immigrants leave the U.S. for consular processing? That depends entirely on the individual case. For some immigrants, departure may trigger serious immigration consequences.

Final Thoughts

The biggest problem with the new USCIS memo may not be what it says. It may be what it does not say. Right now, immigrants, employers, universities, and immigration lawyers are all asking the same question: “What exactly counts as extraordinary circumstances?”

Until USCIS provides clearer guidance, uncertainty itself may become one of the administration’s most powerful immigration tools. That is why preparation, documentation, strategic planning, and experienced legal guidance now matter more than ever.

If you are concerned about how the new USCIS I-485 memo may affect your case, schedule a confidential consultation with Herman Legal Group today.