Not sure how it's going to play out in the real-world, but the wording on the new guidelines is, in regarding to criminal cases...

------------------------------------------
Egregious Public Safety (EPS) Cases - Rape, murder, violent, crimes of moral turpitude, etc. Crimes that make individuals deportable anyway under the current, and old, INA code.

USCIS will issue an NTA against removable aliens in all cases meeting the EPS definition, regardless of the existence of a conviction, if the application or petition is denied and the alien is removable.

------------------------------------------
Non-EPS Cases - All other crimes not listed from EPS

USCIS will issue NTAs in all Non-EPS criminal cases if the application or petition is denied and the alien is removable.

------------------------------------------

So, unless your conviction/charges are the typical crimes of moral turpitude, or crimes that go against the basis of your status adjustment, your case must be denied in order for the new NTA guidelines to go in effect.

Meaning..if you are denied, they may have looked the other way in the past, but this guidelines tell the USCIS not to look the other way.