The new USCIS Adjustment of Status memo sounds much scarier than its likely practical impact for many applicants, but it does signal increased scrutiny toward cases where USCIS believes the applicant should have instead pursued immigrant visa processing abroad.
VERY rough examples of cases that may now face higher discretionary scrutiny:
Higher Risk:
I-130 already approved → enters U.S. on B-2 → shortly thereafter files I-485
Enters on B-2 → quickly marries/files I-130 I-485
Recent F-1 entry → quickly pivots to marriage-based I-485
Cases involving status violations, unauthorized work, or inconsistent intent issues
Potentially Lower Risk:
B-2 entry → relationship genuinely develops over substantial time → filing much later into stay
Long-term F-1 student with years of lawful status, U.S. degree(s), OPT/STEM OPT, established life/career in U.S. → later marriage-based or employment-based I-485
Traditional employment-based pathway:
F-1 → OPT/STEM OPT → H-1B → PERM/I-140 → I-485
The memo itself specifically acknowledges dual intent categories like H-1B.
Importantly, USCIS has NOT yet issued detailed implementation guidance, so there remains substantial uncertainty regarding how aggressively this memo will actually be applied in practice.