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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

In August 2025, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert clarifying how officers should evaluate discretionary factors when deciding applications for adjustment of status, extensions, reinstatements, and similar benefits. While discretion has always been part of USCIS decision-making, this update provides a more detailed framework for weighing both positive and negative elements of an applicant’s record.

The new guidance is intended to ensure greater consistency across adjudications. It also reinforces USCIS’s authority to deny applications if officers believe an applicant’s overall conduct does not merit a favorable exercise of discretion—even if other eligibility requirements are met. For applicants, this means preparation and presentation are more critical than ever.

Discretion Guidance Changes

Understanding the Role of Discretion in Immigration Cases

Discretion allows USCIS officers to decide whether granting an immigration benefit aligns with the public interest and the integrity of the immigration system.

This authority extends to many types of cases, including:

  • Adjustment of status (Form I-485) applications.
  • Extensions or changes of nonimmigrant status.
  • Reinstatements of status after violations or lapses.
  • Certain waivers and humanitarian benefits.

The August 2025 update clarifies that officers must review the totality of circumstances, taking into account not only compliance with legal requirements but also broader behavioral and moral considerations.

Key Factors USCIS Officers Will Consider

Under the revised guidance, adjudicators are instructed to balance favorable and unfavorable factors before deciding whether to approve a request. Applicants should be prepared to document positive contributions and explain any past issues.

USCIS officers may now evaluate:

  • Compliance history, including prior visa violations, overstays, or late filings.
  • Good moral character, honesty, and cooperation during previous proceedings.
  • Community ties and positive contributions, such as employment, volunteer work, or education.
  • Financial responsibility and adherence to U.S. tax laws.
  • Evidence of rehabilitation following prior offenses or mistakes.

This means that applicants with minor past issues still have a chance to succeed if they can show strong evidence of integrity, responsibility, and positive impact since those incidents occurred.

Why the Guidance Matters for Adjustment and Status Applicants

The clarified framework marks a shift toward a more holistic evaluation process, but it also introduces greater subjectivity. Officers now have broader authority to deny cases that appear legally sound but raise concerns about the behavior, intent, or credibility of the parties involved.

Applicants should expect increased scrutiny of:

  • Inconsistencies between past applications and current filings.
  • Gaps in employment or status history.
  • Misrepresentations, even unintentional ones.

In short, the margin for error has become increasingly narrow. Each application must now present not only eligibility but also trustworthiness and discretion-worthiness.

How to Strengthen Your Case Under the New Guidance

To prepare a strong case in this environment:

  • Be proactive: Address any potential concerns directly in your filings.
  • Document positives: Include records of community service, stable employment, and tax compliance.
  • Be consistent: Review past filings for accuracy and alignment.
  • Seek counsel early: Our experienced immigration attorney can help identify weak points and present a persuasive narrative.

At Kasturi Law, our Chicago immigration attorney, Shobhana Kasturi, assists individuals and families across Illinois in preparing thoughtful, well-documented applications that anticipate USCIS’s discretionary review. We proudly serve clients in Arlington Heights, Aurora, Champaign, Naperville, Schaumburg, Cook County, and surrounding communities.

Whether you prefer to meet in person, by phone, or over Zoom, we offer flexible consultation options. Schedule a 30-minute or 60-minute session using our online calendar, or contact our immigration law firm today to discuss your case.