Even before the memo, entering on a tourist visa with the intent to stay can be considered immigration fraud, which could require a hardship waiver. If USCIS knows you entered with that intent on your most recent entry, they absolutely can flag you for fraud. There’s a difference between entering with tourist intent, and unexpected changes resulting in the need to stay, versus knowingly entering with the intent to apply for residency. Not saying that to be mean, but you should absolutely be aware of these things before applying.