USCIS recently issued updated policy guidance emphasizing that adjustment of status (“green card” applications filed inside the United States) is considered an extraordinary discretionary benefit — not an automatic right.

This means that even if a person is technically eligible for adjustment of status, USCIS officers still have the authority to deny the case if they believe the applicant does not deserve a favorable exercise of discretion.

What Does “Discretion” Mean?

Discretion means USCIS officers weigh the totality of the circumstances to decide whether granting lawful permanent residence is in the best interests of the United States. Officers are instructed to balance positive factors against negative factors.

The stronger the negative factors, the more evidence the applicant may need showing rehabilitation, hardship, family ties, good moral character, or other “outstanding equities.”

Approval Is NOT Automatic!

USCIS specifically states that adjustment of status is:

  • A “matter of administrative grace”
  • An “extraordinary” form of relief
  • Not intended to replace normal immigrant visa processing abroad

Even if someone qualifies under the law, USCIS may still deny the application if officers believe discretion should not be exercised favorably.

If you have questions about how this new USCIS policy may affect your green card case or adjustment of status application, Erika Rodríguez and Lilia Rodríguez provide immigration services from their San Diego office throughout Southern California, assisting with family immigration, visas, detention matters, and deportation defense.
Consultations are $100 and can be scheduled online at erlawsd.setmore.com or by calling 619-289-8090. Always communicate only through their official website, social media pages, or office number to avoid scams.

Positive Factors USCIS May Consider

USCIS officers may look favorably upon evidence showing:

Family & Community Ties
  • U.S. citizen or lawful permanent resident family members
  • Strong family relationships
  • Long residence in the United States
  • Hardship to relatives if the case is denied
Employment & Financial Stability
  • Stable employment history
  • Business ownership or investments
  • Specialized education or skills
  • Tax compliance
Good Moral Character
  • No criminal history
  • Community involvement
  • Rehabilitation after past mistakes
  • Military service
  • Cooperation with law enforcement
Immigration History
  • Maintaining lawful status
  • Compliance with visa conditions
  • Approved humanitarian petitions or waivers

Negative Factors USCIS May Consider

USCIS guidance instructs officers to heavily evaluate conduct that may reflect negatively on discretion.These can include:

Immigration Violations
  • Overstays
  • Unauthorized employment
  • Violating visa conditions
  • Entering without inspection
  • Failure to depart after parole or temporary status expired
Fraud or Misrepresentation
  • False statements to immigration officers
  • Fraudulent documents
  • Inconsistent testimony
  • Prior immigration fraud findings
Criminal or Public Safety Concerns
  • Arrests or convictions
  • Moral character concerns
  • Gang or national security allegations
  • Failure to comply with court orders or tax obligations
Conduct Inconsistent With Temporary Status

USCIS now specifically emphasizes situations where a person:

  • Entered temporarily
  • Was expected to leave the United States
  • Later sought permanent residence inside the U.S. instead of consular processing abroad

USCIS Must Review the “Totality of the Circumstances”

Officers cannot deny a case based on only one issue without reviewing all relevant evidence together. USCIS policy requires adjudicators to:

  • Review the complete record
  • Weigh all positive and negative factors
  • Analyze the case cumulatively
  • Explain the reasons for denial in writing

This means strong positive evidence can sometimes overcome negative factors.

Strong Evidence Can Make a Major Difference

Because discretionary review is highly fact-specific, supporting documentation is critical. Helpful evidence may include:

  • Medical records
  • Psychological evaluations
  • Tax returns
  • Proof of employment
  • Letters of support
  • Evidence of rehabilitation
  • Proof of family hardship
  • Community service records
  • School records
  • Business ownership documentation

A well-prepared case can significantly improve the likelihood of approval.

Important Takeaway

USCIS is signaling that adjustment of status applications will receive increased scrutiny, especially in cases involving:

  • Immigration violations
  • Fraud concerns
  • Prior unlawful presence
  • Temporary entries followed by permanent residence requests

However, the law still allows officers to approve many cases when applicants present compelling equities, strong supporting evidence, and persuasive legal arguments. Every case is unique and should be carefully evaluated before filing.