This is a written summary of the “Top 5 Trends in Adjustment of Status RFE’s and Adjudication – How to be prepared” YouTube session recorded October 5, 2026
Published October 07, 2026 / Last reviewed October 07, 2026
Quick answer: An adjustment of status RFE is no longer something you can count on before a denial. Since August 5, 2026, USCIS policy restores officers’ full discretion under 8 CFR 103.2(b)(8)(ii) to deny a Form I-485 that is missing required initial evidence without first sending a Request for Evidence. A May 21, 2026 policy memorandum, PM-602-0199, also tells officers to weigh discretion closely in every case. The five trends below explain where applications are failing and how to prepare. This article also reflects the final rule ending automatic EAD extensions, published October 14, 2026, after the video was recorded.
What Is Driving the Adjustment of Status RFE Trends in 2026?
Two policy changes explain most of what we are seeing in green card cases filed inside the United States. The first changes when you will receive an adjustment of status RFE at all. The second changes what officers weigh when they decide whether you deserve the green card.
| Trend | What USCIS is looking at | Main authority |
|---|---|---|
| 1. Inadequate documentation | Missing required initial evidence, including the medical exam and court records | 8 CFR 103.2(b)(8)(ii); Policy Alert PA-2026-05 |
| 2. Identity issues | Names and birth facts that do not match across documents | 8 CFR 103.2(b)(2); Form I-485 evidence rules |
| 3. Public charge | Incomplete Form I-864 packages in family cases | Form I-864; 2026 public charge final rule |
| 4. Discretion | Whether positive factors outweigh negative ones | PM-602-0199 (May 21, 2026) |
| 5. Immigration history | Prior status violations and unauthorized work | INA 245(c) and 245(k); PM-602-0199 |
Trend 1: Can USCIS Deny an I-485 Without an Adjustment of Status RFE?
Yes. If your Form I-485 is filed without all required initial evidence, USCIS may deny it outright instead of issuing an adjustment of status RFE. That authority comes from the regulation itself, and a 2026 policy alert tells officers they may use it fully.
What the regulation says
Under 8 CFR 103.2(b)(1), each benefit request must be filed with all initial evidence required by the regulations and the form instructions. Under 8 CFR 103.2(b)(8)(ii), if required initial evidence is missing or does not demonstrate eligibility, USCIS “in its discretion may deny the benefit request for lack of initial evidence or for ineligibility or request that the missing initial evidence be submitted.” You can read the full text of 8 CFR 103.2 on the eCFR.
What Policy Alert PA-2026-05 changed
On August 5, 2026, USCIS issued Policy Alert PA-2026-05, “Evidence, Requests for Evidence, and Notices of Intent to Deny,” revising Volume 1, Part E, Chapters 6, 9, and 10 of the USCIS Policy Manual. Earlier guidance told officers to issue an RFE or a Notice of Intent to Deny (NOID) when initial evidence was missing. The new guidance restores officers’ full discretion to deny without either notice. It took effect immediately and applies to requests pending or filed on or after August 5, 2026.
This does not mean RFEs have ended. It means an adjustment of status RFE is now a matter of the officer’s discretion when the problem is missing initial evidence. A complete filing is the only reliable protection.
Which missing documents most often lead to a denial or an adjustment of status RFE?
The USCIS checklist of required initial evidence for Form I-485 includes several items that applicants frequently underestimate:
- Form I-693 medical exam: since December 2, 2024, if you must submit Form I-693 or a partial Form I-693 (such as the vaccination record), you must file it with the I-485, or USCIS may reject the application.
- Criminal records: certified police and court records of all criminal charges, arrests, or convictions, regardless of final disposition.
- Birth certificate: or, if unavailable, other evidence of birth plus proof that the record is unavailable or does not exist.
- Form I-864: the Affidavit of Support, where required.
- Status evidence: proof of lawful status, or of an exemption under INA 245(k), for employment-based principal applicants.
What if your criminal record was sealed?
A sealed or expunged record still has to be disclosed and documented. The Form I-485 instructions call for a certified copy of the court order sealing or expunging the record, or a statement from the court that no record exists. In our experience, obtaining certified copies of sealed records can take more than a month in some jurisdictions. Missing certified records can lead to a denial or an adjustment of status RFE, so if you have a sealed record, we recommend requesting the certified documents now, regardless of your priority date.
How do you know whether a foreign civil document will be accepted?
Start with the Department of State’s Visa Reciprocity and Civil Documents by Country pages. Each country page explains which birth, marriage, and police records are available and how to obtain them. We use this tool whenever we review an I-485, because no one can be an expert in civil documents from every country.
Trend 2: Why Do Identity Discrepancies Trigger an Adjustment of Status RFE?
Identity discrepancies draw scrutiny because the green card stage is often the first time anyone compares your birth certificate, passport, and prior filings side by side. A different legal name, date of birth, or place of birth can lead to an adjustment of status RFE or raise a misrepresentation concern.
For many applicants, the I-485 is also the first time they work directly with an immigration attorney rather than through an employer. That is often when we first hear that a birth date or birthplace on a document is not accurate. Neither you nor your attorney can sign a form that repeats information you know is wrong.
In one case in our office, a client told us his birth certificate listed the wrong place of birth. He had to return to his home country and have his birth re-registered in the correct location, and the filing included an explanation that the error was made by his parents when he was a child. One person’s honest mistake can look like fraud to an officer, so these problems should be resolved with counsel before filing, not raised for the first time at the interview or in response to an adjustment of status RFE.
Trend 3: How Does Public Charge Affect an Adjustment of Status RFE in Family Cases?
Public charge problems usually show up in family-based cases through Form I-864, the Affidavit of Support. An incomplete I-864 package is missing initial evidence, so it can lead to a denial without an adjustment of status RFE.
The USCIS Form I-864 checklist calls for:
- Tax return: the sponsor’s most recent federal income tax return, either as an IRS transcript or as a complete copy with all schedules. A copy must include every W-2 and 1099 for that return. A transcript needs none, unless the sponsor filed jointly and qualifies using only his or her own income. If no return was required, include an explanation.
- Proof of status: evidence of U.S. citizenship or permanent residence for a joint sponsor, substitute sponsor, or relative of an employment-based immigrant.
- Household members: income documents for any household member whose income is counted.
- Joint sponsor: a separate, complete I-864 package if you use a joint sponsor. A petitioner whose income falls short may instead qualify with a household member’s income on Form I-864A, assets, or the intending immigrant’s own income if it will continue from the same source after immigration. An immigrant who is not the sponsor’s spouse must also live with the sponsor.
- Current edition: since October 1, 2026, USCIS accepts only the 08/24/26 edition of Form I-864. An older edition is treated as missing evidence.
The sponsor must also be domiciled in the United States, and the package should include evidence of domicile when that is in question.
The legal standard has also changed. DHS published a public charge final rule on July 20, 2026 (91 FR 45324), rescinding the 2022 regulation, with an effective date of September 18, 2026. A coalition of 22 states and the District of Columbia challenged it on September 14, 2026 in State of New York v. DHS, No. 1:26-cv-07978 (S.D.N.Y.). As of late September 2026, no court order had blocked the rule. Check the current status before you file.
Form I-864 is generally not required in employment-based cases unless a relative filed the petition or owns a significant interest in the petitioning company. Whether the new rule will lead to a public charge adjustment of status RFE in other employment cases remains to be seen.
Trend 4: How Is Discretion Under PM-602-0199 Changing Adjustment of Status RFE Practice?
Discretion now matters in nearly every case. On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, which describes adjustment of status under INA 245 as “a matter of discretion and administrative grace.” Meeting the eligibility rules is not enough by itself, and a discretionary adjustment of status RFE can follow even in an otherwise approvable case.
What does the memo tell officers to weigh?
The memo directs officers to consider all relevant factors in the totality of the circumstances, including:
- Immigration violations: violations of immigration laws or of the conditions of any status held.
- Fraud or false testimony: current or past instances in dealings with USCIS or any government agency.
- Conduct after admission: conduct inconsistent with the purpose of the nonimmigrant status or parole.
- Positive and negative factors: family ties, immigration status and history, moral character, and any other relevant factor.
The memo states that applying for adjustment is not inconsistent with maintaining a dual intent status such as H-1B, but that maintaining that status is not sufficient, on its own, to warrant a favorable exercise of discretion. When USCIS denies on discretion, the denial notice must list the positive and negative factors and explain why the negatives outweigh the positives.
What does a discretion RFE look like?
A discretion-based adjustment of status RFE typically asks you to explain why you merit a green card despite negative factors. We have handled a number of these since the policy began, mostly in family cases, and they amount to telling your life story with evidence. So far we have seen less of this in employment-based cases, but nothing in the memo limits it to family cases.
Even a dismissed charge can count. In one family case in our office, the applicant had been charged with fraud years earlier. The charge was dismissed and he never accepted a plea, yet USCIS still issued a discretion RFE treating the charge as a negative factor. Criminal history of any kind deserves careful planning before you file.
Trend 5: Can Past Status Violations Lead to a Discretionary Adjustment of Status RFE?
Yes. Your immigration history can prompt a discretionary adjustment of status RFE even when a statutory exemption excuses the violation for eligibility purposes. That is why immigration history is closely tied to the discretion trend.
For employment-based applicants, INA 245(k) excuses failure to maintain status, unauthorized employment, and status violations, provided they do not exceed 180 days in the aggregate since the most recent lawful admission. The USCIS Policy Manual confirms that the exemption does not apply once the violations exceed the 180-day limit. PM-602-0199, however, lists immigration violations and status violations as factors in the discretionary analysis. A violation that 245(k) excuses can still be raised in an adjustment of status RFE on discretion.
How do you build positive discretionary evidence?
The time to address discretion is before you file, not after the adjustment of status RFE arrives. Positive equities often exist but are not documented, and documenting them takes time. In our judgment, useful evidence includes:
- Community involvement: letters and records from volunteer work, charitable activity, and religious organizations.
- Rehabilitation: treatment and counseling records, where an offense is in your history.
- Family and employment ties: evidence of U.S. family relationships, steady employment, and tax compliance.
- Explanations: a clear, honest account of any violation, with supporting documents.
No agency rule sets a particular amount of evidence or a timeline. If a negative factor exists, start collecting this evidence now.
How Should You Respond to an Adjustment of Status RFE?
Respond completely, once, and before the deadline. Under 8 CFR 103.2(b)(8)(iv), the maximum response period is 12 weeks for an RFE and 30 days for a NOID, and additional time may not be granted. PA-2026-05 confirms that officers may set a shorter period and that only 3 days are added for notices served by mail, regardless of location.
Under 8 CFR 103.2(b)(11), all requested materials must be submitted together, and submitting only some of the requested evidence is treated as a request for a decision on the record. If you do not respond by the deadline, USCIS may deny the application as abandoned, on the record, or both. Treat every adjustment of status RFE as your last opportunity to complete the record.
What Happens to Your EAD and Job While Your I-485 Is Pending?
Your work permit no longer extends automatically. DHS ended automatic extensions for EAD renewals filed on or after October 30, 2025, and finalized that change without revisions in a final rule published October 14, 2026, available on the Federal Register. If your renewal is not approved before your current EAD expires, you must stop working unless another basis authorizes the employment, such as H-1B or L-1 status that permits work incident to status, or an extension that still applies, such as one based on a renewal filed before October 30, 2025.
Losing a job because of an EAD gap does not, by itself, end an employment-based I-485, because the job offer is for permanent employment that begins when the green card is approved. In practice, however, the employer must still be willing to stand behind that offer. We are also seeing more federal litigation over EAD processing delays.
Can you change jobs while the I-485 is pending?
Under INA 204(j), once your I-485 has been pending 180 days or more, you may port to a new job in the same or a similar occupational classification by filing Form I-485 Supplement J. USCIS rejects a portability Supplement J filed before the 180 days have passed. The USCIS Policy Manual states that the new job may be with the same employer, a new employer, or self-employment. Before 180 days, the approved petition does not remain valid for a new job offer, so your offer must match the Form I-140.
When Should You Get Your Immigration Medical Exam?
As early as practical. Because a required Form I-693, or partial Form I-693, must be filed with Form I-485, a medical exam that is not ready can keep you from filing when your priority date becomes current. USCIS removed the rule requiring the civil surgeon to sign no more than 60 days before filing in a March 31, 2023 policy alert. Under a June 11, 2025 policy update, a Form I-693 signed on or after November 1, 2023 is valid only while the application it was filed with is pending, so you cannot reuse it if that I-485 is denied or withdrawn.
Adjustment of Status RFE Prevention Checklist
Before you file, confirm each of the following to reduce the risk of an adjustment of status RFE or a denial:
- If you need one, the signed Form I-693 (or the required partial form) is in the package.
- Certified court and police records are in hand for every arrest or charge, including sealed and dismissed matters.
- Civil documents match the Department of State guidance for your country.
- Names, dates, and places of birth are consistent across every document and prior filing.
- In family cases, the I-864 package is complete, including tax returns, proof of sponsor status, and any household member or joint sponsor documents.
- Any status violation has been counted and analyzed under INA 245(c) and 245(k).
- Positive discretionary evidence has been collected where there is any negative factor.
- Your EAD renewal is filed as early as the rules allow.
Frequently Asked Questions
Will I always receive an adjustment of status RFE before a denial?
No. When required initial evidence is missing, USCIS may deny the I-485 without an RFE under 8 CFR 103.2(b)(8)(ii) and PA-2026-05. When the initial evidence is complete but does not establish eligibility, USCIS may still deny, issue an RFE, or issue a NOID.
Can I get an extension to respond to an adjustment of status RFE?
No. 8 CFR 103.2(b)(8)(iv) states that additional time to respond may not be granted. The response period stated in the notice controls.
Does PM-602-0199 apply to employment-based applicants?
The memo addresses discretionary adjustment under INA 245 generally and does not exclude employment-based cases. It says dual intent status alone is not enough to warrant a favorable exercise of discretion.
Can I use my old medical exam for a new I-485?
Generally no. Under the June 11, 2025 policy, a Form I-693 signed on or after November 1, 2023 is valid only while the application it was filed with is pending. If a Form I-693 is required, filing without it can lead to rejection of the I-485 rather than an adjustment of status RFE.
Does a dismissed criminal charge still matter?
Yes. The I-485 checklist calls for certified records regardless of final disposition, and a dismissed charge can still be raised as a negative factor in a discretionary adjustment of status RFE.
Talk to an Immigration Attorney About Your Adjustment of Status RFE
How these trends apply to you depends on your category, your history, and the documents you have. For an employment-based green card filing or a family-based adjustment, we recommend a full review before you file. To discuss your case, contact Shihab Burke Immigration Lawyers at immigrationvisaattorney.com or 614-791-0500. You can also submit your immigration question for one of our live Q&A sessions at ImmigrationQuestions.US.
This article is for general informational purposes only and does not constitute legal advice. USCIS policy on evidence, discretion, and public charge has changed several times in 2025 and 2026 and is the subject of ongoing litigation. Consult a licensed immigration attorney before making decisions based on this information.
