USCIS Discretionary Decisions: What Changed and How Katsivalis & Anderson Law Can Help

USCIS recently updated its guidance on how officers use discretion in many immigration benefits decisions. Even when an applicant meets the basic eligibility rules, officers may still weigh positive and negative factors before deciding whether to approve. This update signals closer attention to the full picture of a person’s record, including community contributions, compliance with laws, rehabilitation, and any conduct that could weigh against approval.

Where this shows up in real cases

Discretion is part of several common filings. Adjustment of status applicants can face discretionary review after they establish eligibility. Applicants seeking to extend or change nonimmigrant status, or to reinstate certain student status, may see officers evaluate the totality of their circumstances. Some employment-based categories, including national interest waivers, also involve discretionary weighing. For naturalization, USCIS has separately emphasized a holistic review of good moral character, which aligns with this trend.

What this means for you

Strong cases tell a clear story. Officers are looking for consistent employment and tax records, evidence of family and community ties, and signs of responsibility and rehabilitation where there were past issues. They are also alert to risk factors such as fraud, misrepresentation, or conduct raising security or public safety concerns. The right preparation can make the difference, since strong positive equities can outweigh negatives in many situations.

How to strengthen a filing before you submit

Begin gathering proof early, and do not wait until you receive a request for evidence. Employment history, taxes, school records, volunteer and community involvement, letters from employers and community leaders, and documentation showing rehabilitation or counseling can help. Be thoughtful about public statements and affiliations that could be misunderstood. Most important, align your facts with the legal standard for your specific benefit so the officer can see why discretion should be exercised in your favor.

Our approach

At Katsivalis & Anderson Law, we structure cases to address both eligibility and discretion. We identify likely discretionary issues at the outset, plan the evidence strategy, and present the narrative in a way that highlights positive equities while directly and honestly addressing any concerns. This approach helps officers understand why approval is warranted under the totality of the circumstances.

Talk with us

If you are preparing to file, or if you received a request for evidence or a notice of intent to deny, we can help you evaluate discretionary factors and build the strongest possible record. Contact our office by phone at 773-657-3633 or by email to schedule a consultation. We serve clients from our Chicago, Milwaukee, and Austin offices.