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:

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.

Because 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. (NPR Illinois)

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. (KLCC)

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:

adjustment of status is discretionary.

The memo repeatedly states that approval of Form I-485 is not automatic, even if the applicant appears legally eligible.

Official USCIS discretionary guidance:

• 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.

Related Herman Legal Group analysis:

• Can USCIS Force You to Leave the U.S. for Consular Processing?
• Should H-1B Holders Avoid Filing I-485 Right Now?
• Frozen Files: How Trump’s PM-602-0192 Quietly Halts USCIS Cases for Millions

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

Potentially including:

• physicians,
• engineers,
• AI researchers,
• scientists,
• healthcare workers,
• and highly skilled H-1B professionals.

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

Humanitarian Concerns

Potentially including:

• dangerous country conditions,
• war,
• persecution,
• political instability,
• or humanitarian emergencies abroad.

Exceptional Community Ties

Potential evidence may include:

• volunteer service,
• religious involvement,
• local leadership,
• charitable activity,
• or long-term residence in the United States.

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?”

That question currently has no clear answer.

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.

Related:

• H-1B Immigration Resources
• Employment-Based Immigration Resources

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.

Related:

• Marriage Green Card Resources
• USCIS Marriage Interview Overstay Arrest Risks

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

Related:

• I-601A Provisional Waiver Resources
• I-601 Waiver Resources

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,
• and local contributions.

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.

These fears are already becoming central topics in national media coverage and NPR interviews discussing the administration’s immigration policies. (NPR Illinois)

What Should Immigrants Do Right Now?

1. Do Not Panic

Many immigrants may still qualify successfully.

2. Review Your Immigration History Carefully

Look for:

• status gaps,
• unauthorized employment,
• inconsistencies,
• or prior immigration problems.

3. Preserve Documentation

Save:

• tax returns,
• immigration approvals,
• employment records,
• and hardship evidence.

4. Strengthen Positive Equities

Positive discretionary evidence may matter more than ever.

5. 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.

Schedule a Consultation

If you are concerned about:

• I-485 denial risks,
• extraordinary circumstances,
• H-1B adjustment strategy,
• consular processing,
• unlawful presence,
• RFEs,
• NOIDs,
• or immigration discretion,

schedule a confidential consultation with Herman Legal Group:

• Book Consultation

Herman Legal Group

Immigration Law Throughout the United States
Phone: 1-800-808-4013