As of November 17, 2020, USCIS updated its existing policy guidance in the USCIS policy manual with respect to the discretionary factors to consider the adjudication of Adjustment of Status applications.
For an Adjustment of Status application, the Applicant has the burden of demonstrating that he or she is eligible, including that favorable discretion is warranted. If the Applicant establishes eligibility for the application and USCIS finds positive discretionary factors outweighing any negative factors, the Officer should exercise favorable discretion and approve the application. However, if the negative factors outweigh the positive factors, then USCIS will exercise discretion to deny the application if appropriate. USCIS will consider the following factors in determining the totality of circumstances:
- Applicant’s conduct
- Family or other lawful ties to the US
- Immigration status and history
- Any other humanitarian concerns
This article aims to provide new information concerning the USCIS’s updated policy guidance with respect to the discretionary factors considered for the adjudication of Adjustment of Status applications. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).