New Discretionary Policy: What Green Card Applicants Need to Know
June 2026 Client Alert
Immigration policies continue to evolve, and USCIS has recently issued guidance emphasizing that Adjustment of Status (AOS) is considered an extraordinary discretionary benefit rather than an automatic right.
The good news is that recent reports indicate that many USCIS field offices are no longer heavily focusing on this policy during interviews, and applicants continue to receive approvals. However, it is more important than ever to prepare a strong application that clearly demonstrates why you deserve a favorable exercise of discretion.
What Is Adjustment of Status?
Adjustment of Status allows certain individuals already in the United States to apply for lawful permanent residence (a green card) without leaving the country for a visa interview abroad.
While many applicants qualify under the law, USCIS still has the authority to determine whether an applicant merits approval as a matter of discretion.
What Factors May USCIS Consider?
USCIS officers are instructed to evaluate the totality of the circumstances, meaning they will review both positive and negative factors in your case.
Potential Negative Factors
USCIS may review issues such as:
- Prior immigration violations
- Previous overstays or status violations
- Fraud or misrepresentation
- Criminal history
- Failure to depart after authorized stay
- Evidence suggesting an attempt to avoid consular processing
A negative factor does not automatically result in a denial, but applicants should be prepared to explain any concerns honestly and with supporting documentation.
Positive Factors That Can Strengthen Your Case
Applicants should provide evidence demonstrating strong ties and positive contributions to the United States, including:
Family Relationships
- U.S. citizen or lawful permanent resident spouse
- U.S. citizen children
- Close family members who depend on the applicant
Community Ties
- Long-term residence in the United States
- Stable employment history
- Tax filings
- Volunteer work
- Religious or community involvement
Good Moral Character
- Clean criminal record
- Professional accomplishments
- Educational achievements
- Character reference letters
Economic Contributions
- Employment history
- Specialized skills
- Business ownership
- Employer support letters
- Evidence of paying taxes
Should You Wait to File?
Generally, no.
In many situations, filing a well-prepared Adjustment of Status application remains the best strategy. Waiting could expose applicants to changing policies or processing delays. Instead, applicants should focus on submitting a complete package that highlights all favorable discretionary factors from the beginning.
Be Prepared for Additional Questions
Some applicants may be asked questions such as:
- Why are you applying for Adjustment of Status instead of consular processing?
- What ties do you have in the United States?
- What hardships would result if you had to leave the country?
- Why did you remain in the United States after your previous status expired?
Having clear, truthful, and well-documented answers can make a significant difference.
Important Considerations
Applicants should understand that:
- Every case is unique.
- A prior overstay or immigration violation does not automatically prevent approval.
- Strong positive equities can outweigh negative factors.
- Proper legal preparation is more important than ever.
Our Recommendation
If you are considering filing for Adjustment of Status, now is the time to prepare a comprehensive application—not just the required forms.
A successful application should tell your complete story by documenting:
- Family ties
- Employment history
- Community involvement
- Good moral character
- Financial contributions
- Hardship factors
- Any other evidence demonstrating why USCIS should exercise discretion favorably.
We Are Here to Help
Every immigration journey is different, and the way your case is presented can make a significant difference. Our office carefully evaluates each client’s individual circumstances, identifies both positive and negative discretionary factors, and develops a strategy to present the strongest possible application to USCIS.
Whether you are preparing to file for Adjustment of Status or have concerns about prior immigration history, unlawful presence, criminal issues, or other discretionary factors, experienced legal guidance is essential.
Contact the Law Office of Erika Rodriguez
If you have questions about your eligibility or would like to schedule a consultation, we are here to help.
Law Office of Erika Rodriguez
📞 619-289-8090
Our team is committed to providing personalized representation and advocating for the best possible outcome in your immigration case.
Final Thoughts
Immigration policies may change, but the underlying immigration laws remain in place. The strongest cases are those that are thoroughly prepared, well documented, and supported by credible evidence.
Don’t wait until you receive a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). Proactive preparation can make all the difference.
Call the Law Office of Erika Rodriguez today at 619-289-8090 to discuss your Adjustment of Status case and build the strongest application possible.
This article is intended for general informational purposes only and does not constitute legal advice. Every immigration case is unique and should be evaluated individually.
