What Are Positive Factors for Adjustment of Status Discretionary Review?

The government has recently announced that it will no longer grant adjustment of status as a matter of right. Instead, USCIS will revert to considering it a discretionary benefit, which can dramatically impact the approach applicants should take when submitting their paperwork. Now, immigration officials will take a much more context-driven approach to analyzing any request to adjust status.

Below, we look at some of the most important factors which can positively impact an immigration application. Call our office to meet with an experienced immigration lawyer to discuss your chances of receiving a green card.

Hardship to the Applicant or Close Relatives

One important consideration is whether denial of the adjustment of status will pose a hardship to you or a close relative. For example, you might be taking care of or supporting elderly parents or a young child in the United States. If you are denied a green card, then your family would suffer as you are forced to leave the country.

Lawful Residence

USCIS will review the duration of lawful presence in the U.S. If you have been here for a long time lawfully, then that is a positive factor.

Compliance with Immigration Laws and Conditions

This is also a positive factor, coupled with an extended period of lawful residence. Following immigration laws is key. Someone who breaks the rules would severely hamper their ability to receive discretionary adjustment of status. For example, if you do not have work authorization, you certainly should not work a job in the U.S.

Employment or Business Interests

By contrast, legal employment is a positive factor in your application, in most cases. USCIS will look at your entire employment history, including the length and stability of employment. Full-time employment is more positive than episodic, part-time employment or gig work.

Another strong employment-related factor is whether you have any specialized skills or knowledge. The U.S. is always seeking highly skilled workers, and we will emphasize any knowledge you have in an application.

Likewise, someone who has business ties to the U.S. has a stronger chance of obtaining discretionary review. That is probably especially true in the Trump Administration. There are many considerations. Businesses can be big or small; someone who owns a medium or large business has a stronger case than someone who works for themselves.

Good Moral Character

An applicant should show they have good moral character, which usually consists of a lack of a criminal record. We will highlight that you are law abiding and have no criminal history. You should also comply with tax laws, which means timely filing your tax returns and making payment. If you cannot pay all your taxes, you should set up a payment plan.

What happens if you have committed a crime? There are no “minor” crimes. Anything from possession of drugs to a drunk driving charge will be considered as negative factors. However, a conviction is not necessarily disqualifying, if you can show rehabilitation.

Good moral character can also consist of community service, especially service that goes beyond anything ordered by a court in a criminal sentence.

Service in the Armed Forces

Any service is also considered as proof of good moral character. We will certainly emphasize service in the Armed Forces.

Call to Learn More

Applicants hoping to adjust their status must take a more considered, detailed approach when submitting their paperwork. Call The Law Office of Jason M. Sullivan to work with a Portsmouth, New Hampshire or Miami, Florida adjustment of status discretionary review lawyer.

Source:

uscis.gov/policy-manual/volume-7-part-a-chapter-10