Use of Discretion for Adjustment of Status Applications

Posted by Alexander Carl | 18 Nov, 2020 | 0 Comments

For adjustment of status, the applicant has the burden of demonstrating eligibility, including that a favorable exercise of discretion is warranted.If the applicant otherwise establishes eligibility and USCIS finds the positive discretionary factors in a particular case outweigh the negative factors, the officer should exercise favorable discretion and approve the adjustment application. Conversely, if the negative factors outweigh the positive factors an exercise of discretion to deny is appropriate. USCIS considers the totality of the circumstances, which may include factors such as an applicant’s conduct, character, family or other lawful ties to the United States, immigration status and history, or any other humanitarian concerns, to determine whether the applicant warrants a favorable exercise of discretion. 

This guidance, contained in Volume 7 of the Policy Manual, is effective immediately. The guidance in the Policy Manual is controlling and supersedes any related prior guidance on the topic.

About the Author

Alexander Carl

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Let Us Earn Your Trust

Bolour / Carl Immigration Group is a full service immigration law firm. We have been representing immigrants, nonimmigrants, families, businesses, employees, and the like, from around the globe for over 25 years. With over 25 years of experience exclusively in the field of Immigration Law, we have garnered the knowledge to handle the most complex cases and adequately represent a wide range of clientele. The size of our firm ensures that all of our clients receive hands on service from their attorneys and a direct line of communication with our attorneys. Learn More

Menu