By Richard Herman, Immigration Attorney with More Than 30 Years of Experience
The immigration world changed dramatically in May 2026.
A new USCIS policy memorandum titled “Adjustment of Status and Discretion” is sending shockwaves through immigrant communities, especially among:
- H-1B professionals,
- F-1 students,
- marriage-based applicants,
- employment-based immigrants,
- and families with pending green card applications.
National media outlets — including NPR affiliates and WBUR’s Here & Now — have increasingly turned to immigration attorney Richard Herman to explain the growing uncertainty surrounding green card adjudications and the administration’s new discretionary scrutiny policies. (KLCC)
Many immigrants are now asking:
- “Will USCIS deny my I-485 even if I qualify?”
- “Am I safer doing consular processing?”
- “What are ‘extraordinary circumstances’?”
- “Should I leave the United States?”
- “Who is most at risk under the new USCIS memo?”
These fears are understandable.
The new USCIS memo appears to encourage immigration officers to apply far more aggressive discretionary scrutiny to adjustment of status applications.
In plain English:
Even if you are legally eligible for a green card, USCIS may still deny your I-485 application as a matter of discretion.
This article explains:
- what the new USCIS memo means,
- who is safest,
- who is most vulnerable,
- how USCIS may apply the new policy,
- what evidence immigrants should prepare immediately,
- and what strategies may reduce denial risk.
Richard Herman Featured on NPR and National Media About the New USCIS Memo
Richard Herman has recently appeared on NPR-affiliated programming discussing:
- adjustment-of-status risks,
- immigration “risk assessments,”
- social media vetting,
- international student anxiety,
- and the administration’s increasingly aggressive immigration posture.
NPR / WBUR Interview: Trump Administration Changes Green Card Rules
In a widely circulated Here & Now interview syndicated across NPR affiliates, Richard Herman discussed the administration’s new green card policies and uncertainty surrounding adjustment-of-status adjudications.
Read and listen here:
- WBUR / NPR – Trump Administration Changes Rules to Obtain Green Cards
- NPR Illinois / Here & Now Interview
During the interview, Richard Herman explained that the new USCIS memo could significantly affect:
- pending I-485 applicants,
- H-1B professionals,
- international students,
- and families seeking green cards inside the United States. (NPR Illinois)
The segment also highlighted uncertainty regarding:
- consular processing,
- discretionary denials,
- and the meaning of “favorable exercise of discretion.”
Quick Summary: What Is the New USCIS I-485 Memo?
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, emphasizing that:
- adjustment of status is discretionary,
- approval is not automatic,
- and applicants must demonstrate they deserve favorable discretion.
The memo relies heavily on the idea that:
Adjustment of status is an “extraordinary act of grace.”
That language is alarming because it signals a major philosophical shift.
For years, many adjustment applicants assumed:
“If I am eligible, my green card will probably be approved.”
The new memo suggests USCIS officers may now:
- scrutinize applicants more aggressively,
- deny more borderline cases,
- issue more RFEs and NOIDs,
- and potentially steer more immigrants toward consular processing.
USCIS already discusses discretionary analysis in its official:
Related Herman Legal Group analysis:
- Frozen Files: How Trump’s PM-602-0192 Quietly Halts USCIS Cases for Millions
- USCIS Vetting Center High-Risk Countries and Social Media Screening
- Trump Public Charge Rule 2025–2026 Explained
What Is an I-485?
Form I-485 is the application used to:
“Adjust Status” to Permanent Resident
This allows eligible immigrants already inside the United States to apply for a green card without leaving the country.
Official USCIS resources:
Common I-485 categories include:
- marriage-based green cards,
- family sponsorship,
- employment-based immigration,
- asylum adjustments,
- refugee adjustments,
- VAWA,
- SIJS,
- and humanitarian immigration programs.
Related Herman Legal Group resources:
- Marriage Green Card Resources
- Employment-Based Immigration Resources
- H-1B Immigration Resources
- F-1 Student Visa Resources
Why Is the New USCIS Memo Such a Big Deal?
Because adjustment of status is often the safest immigration pathway.
Historically, many immigrants preferred adjustment because it:
- avoids risky consular interviews abroad,
- reduces family separation,
- prevents visa reentry problems,
- and may provide stronger procedural protections.
Now many fear USCIS could:
- deny more cases,
- force applicants into consular processing,
- or place immigrants into removal proceedings after denial.
Immigration attorneys nationwide are increasingly concerned that discretionary denials may become significantly more common under the administration’s new approach. (NPR Illinois)
Who Is Safest Under the New USCIS Memo?
Generally, the safest applicants may include:
- immediate relatives of U.S. citizens,
- applicants with long lawful history,
- individuals with no criminal record,
- strong financial evidence,
- stable employment,
- and compelling family equities.
Even these applicants may face:
- more RFEs,
- deeper scrutiny,
- and longer processing times.
Applicants should carefully document:
- family unity,
- hardship,
- employment,
- community ties,
- and lawful conduct.
Related:
Who Is Most at Risk?
The highest-risk categories may include immigrants with:
- prior status violations,
- unauthorized employment,
- unlawful presence,
- visa overstays,
- criminal arrests,
- immigration fraud allegations,
- inconsistent filings,
- prior removal proceedings,
- or weak documentation.
Related:
Richard Herman’s Predictions About the New USCIS Memo
Based on more than 30 years practicing immigration law, I expect:
- increased RFEs,
- more NOIDs,
- rising discretionary denials,
- greater pressure toward consular processing,
- and increased federal litigation challenging arbitrary USCIS adjudications.
I also expect:
- more scrutiny of social media,
- deeper review of immigration history,
- and broader “risk assessment” analysis by immigration officers.
These concerns have already become major topics in national media interviews discussing the administration’s evolving immigration policies. (KLCC)
What Evidence Should Immigrants Prepare Right Now?
Applicants should immediately begin organizing:
- tax returns,
- employment records,
- immigration approvals,
- hardship evidence,
- medical records,
- psychological evaluations,
- and proof of strong community ties.
Positive discretionary evidence may now matter more than ever.
Final Thoughts
The 2026 USCIS adjustment-of-status memo may become one of the most important immigration policy shifts in years.
The biggest takeaway is this:
eligibility alone may no longer be enough.
Immigrants must now think strategically about:
- discretion,
- documentation,
- humanitarian equities,
- and long-term immigration risk.
At the same time, panic is not the answer.
Many immigrants will still qualify successfully.
But preparation, evidence, and legal strategy matter more than ever.
Schedule a Consultation
If you are concerned about:
- I-485 denial risk,
- RFEs,
- NOIDs,
- unlawful presence,
- consular processing,
- or immigration court consequences,
schedule a confidential consultation with Herman Legal Group:
Herman Legal Group
Immigration Law Throughout the United States
Phone: 1-800-808-4013
