USCIS Extraordinary Circumstances Policy: I-485 Interview Scrutiny 2026

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If you have a pending I-485 adjustment of status application, you need to know about a major USCIS policy shift that’s putting green card cases at real risk right now. USCIS’s May 2026 policy memorandum (PM-602-0199) has officially declared that adjustment of status — getting your green card while living inside the U.S. — is a discretionary “act of administrative grace,” not a right. That one phrase is already showing up in interview rooms and RFE notices across the country, hitting family-based and employment-based applicants alike. Doesn’t matter if you’re in California, Texas, New York, or anywhere else — this affects you. Here’s the thing though: applicants who move strategically right now, with the right legal team behind them, are in the best position to protect their cases. At Tez Law P.C., our team works on exactly these situations every day. Protect your rights — we handle the rest.

Background: What USCIS Policy Memo PM-602-0199 Actually Means

For a long time, adjustment of status under INA § 245 worked pretty straightforwardly — if you were eligible, had a current priority date, and kept your record clean, approval was the expected outcome. Policy memo PM-602-0199, issued in May 2026, changes that picture significantly. The memo instructs USCIS officers to treat every single I-485 as a fresh exercise of agency discretion. Officers are now explicitly encouraged to weigh “extraordinary circumstances” — and the absence of them — even when an applicant checks every statutory box. What does that look like in practice? More RFEs. More Notices of Intent to Deny. More pointed interview questions about things that rarely came up before: employment gaps, prior visa violations, public charge concerns, travel history, your overall immigration conduct. The bar hasn’t just moved — the whole framework has shifted.

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Compounding the uncertainty is the ongoing legal battle in Dorcas v. USCIS. A federal court vacated a related USCIS processing freeze that had halted or severely delayed adjudications for nationals of 39 designated countries. USCIS is actively appealing that order, meaning thousands of applicants from affected countries remain in legal limbo — not knowing whether their cases will be processed under the court’s order or again frozen if the government prevails on appeal. For applicants from countries including India, China, the Philippines, Mexico, El Salvador, and dozens of others, this creates a dual layer of uncertainty that is extraordinarily stressful and legally complex.

These developments are not theoretical. Immigration attorneys nationwide, including our team at Tez Law, are already seeing a measurable uptick in RFEs, prolonged interviews, and requests for additional evidence that would have been unusual prior to mid-2026.

How This Affects Family-Based and Employment-Based I-485 Applicants

The practical consequences of PM-602-0199 are being felt across virtually every category of adjustment applicant:

• Family-based applicants (IR-1, IR-2, F-1, F-2A, F-2B, F-3, F-4) are facing more intensive interviews probing the bona fides of their relationships, prior immigration violations, and any periods of unlawful presence — even minor technical issues that previously went unnoticed are now being raised as discretionary concerns.
• Employment-based applicants (EB-1, EB-2, EB-3) are encountering new scrutiny over employer-employee relationships, ability-to-pay documentation, and gaps in authorized employment. Officers are asking more detailed questions about job duties and organizational structure.
• Applicants from the 39 designated countries in the Dorcas litigation face the additional risk that even if the court order currently compels USCIS to process their cases, a successful government appeal could re-freeze adjudications — potentially after significant resources have already been spent.
• Applicants with any prior immigration issues — including prior visa overstays, denied applications, or periods of unauthorized employment — face sharply elevated risk of RFEs or NOIDs under the new discretionary standard.
• California applicants at the Los Angeles and San Francisco field offices, among the busiest in the nation, are reporting notably longer interview sessions and more aggressive lines of questioning since June 2026.

It is also worth noting that the July 2026 Visa Bulletin shows continued retrogression for certain EB and family preference categories, meaning some applicants who thought they were months away from filing or finalizing their cases may face additional delays — all while the new discretionary scrutiny framework applies to every pending case. For current priority dates, consult the July 2026 Visa Bulletin from the Department of State.

If you have questions about how your specific situation intersects with this policy, our team provides comprehensive immigration services to clients across the entire United States.

What I-485 Applicants Should Do Right Now

The heightened scrutiny environment created by PM-602-0199 is serious, but it is manageable with the right preparation. Here are the concrete steps every pending I-485 applicant should take immediately:

1. Audit your entire immigration history with an attorney. Under the new discretionary framework, minor issues that were previously overlooked can now be raised. A thorough review of every visa, entry, exit, prior application, and employment authorization event in your history is essential before your interview or in response to any RFE.
2. Gather robust supporting documentation now. Do not wait for an RFE. Proactively compile evidence of continuous lawful status, bona fide relationships (for family-based), employer documentation (for employment-based), tax records, financial records, and any evidence demonstrating positive equities in your case.
3. Prepare seriously for your USCIS interview. Interviews under PM-602-0199 are longer and more probing. Work with your attorney to conduct mock interviews, understand the questions likely to be asked, and know how to present your case compellingly and accurately.
4. Respond to RFEs and NOIDs comprehensively and on time. Partial or late responses under the current policy climate are more likely to result in denial. Every RFE response should be treated as if it is your one opportunity to save your case.
5. If you are a national of one of the 39 Dorcas countries, monitor the litigation closely. Work with your attorney to understand both the current court order and the risk that a successful appeal could re-freeze your case, and strategize accordingly.
6. Do not travel internationally without consulting your attorney. International travel while an I-485 is pending requires an Advance Parole document. Departing without it — or traveling to certain countries even with it — can have serious consequences under the current enforcement climate.
7. Schedule a consultation immediately if you have received an RFE, NOID, or interview notice. Time-sensitive deadlines apply, and the window to respond is often shorter than applicants realize.

Why Choose Tez Law P.C. for Your Adjustment of Status Case

At Tez Law P.C., we do not believe in one-size-fits-all immigration representation. Managing Attorney JJ Zhang (California Bar #326666) and our dedicated immigration team handle adjustment of status cases for clients across the entire United States — from initial I-485 preparation through RFE responses, NOID replies, interview preparation, and federal court litigation if necessary.

In this evolving policy environment, experience and preparation are the difference between approval and denial. We stay current on every USCIS policy memo, field office update, and federal court development — including the ongoing Dorcas v. USCIS litigation — so our clients are never caught off guard. We work closely with each client to identify vulnerabilities in their case before USCIS does, build the strongest possible record, and advocate forcefully at every stage of the process.

We also understand that immigration stress touches every part of life. While our focus is immigration law, we are proud to offer clients access to a personal injury attorney for any accidents or injuries that arise along the way — because we believe in taking care of the whole person, not just one legal matter.

Ready to protect your green card case? Schedule your free consultation with Tez Law P.C. today.

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Take Action Now — Your Green Card Is Too Important to Leave to Chance

USCIS’s extraordinary circumstances policy and the ongoing Dorcas litigation have created the most uncertain adjustment of status environment in recent memory. But with the right legal team in your corner, you can navigate this landscape successfully. Tez Law P.C. is representing I-485 applicants across the entire United States, helping them respond to RFEs, prepare for interviews, and build the strongest possible cases under the new policy framework. Do not wait until you receive an RFE or interview notice to act — the time to prepare is now. Contact us today for a free consultation and let our team protect your path to permanent residence.