Immigration Law Associates, PC

USCIS Policy Update on Adjustment of Status Applications

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U.S. Citizenship and Immigration Services has updated its policy manual regarding DHS’ discretion in adjudicating adjustment of status applications.

The policy update now includes a list ( although not comprehensive) of positive and negative factors that may impact the how DHS’ decision in adjudicating the application and whether a favorable exercise of discretion is warranted. If the positiver factors outweigh the negative, then the DHS officer is encouraged to use its favorable discretion in adjudicating the application. However, if the negative factors outweigh the positive, then the officer is well within his discretion to deny the application.

It also lists the privileges, rights and responsibilities of lawful permanent residents (LPRs) as a reference for officers to consider when determining whether the grant of LPR status is in the best interest of the United States.

The update provides foundational method and criteria for officers when analyzing and adjudicating applications.

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