U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance regarding Adjustment of Status applications and the exercise of discretion in adjudicating these requests.
According to the memorandum, Adjustment of Status is described as “a matter of discretion and administrative grace, and an extraordinary relief that permits applicants to dispense with the ordinary consular visa process.”
The memorandum explains that applicants seeking Adjustment of Status bear the burden of demonstrating why discretion should be favorably exercised in their case. USCIS officers are instructed to evaluate applications on a case-by-case basis while considering the totality of the circumstances.
The policy guidance further notes that Congress established limitations on eligibility for Adjustment of Status that do not apply to individuals pursuing immigrant visas through consular processing outside the United States.
The memorandum also states that USCIS officers may consider factors including:
- Violations of immigration laws
- Failure to maintain lawful status
- Unauthorized employment
- Fraud or false testimony
- Conduct inconsistent with the purpose of admission or parole
during discretionary review of Adjustment of Status applications.
USCIS further explains that officers must weigh both positive and negative factors in determining whether approval of Adjustment of Status is warranted and in the best interests of the United States.
For additional information, please review the official USCIS announcement below: