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USCIS new discretion policy

USCIS has started a new policy which will require the person requesting the immigration benefit (green card, work authorization, etc.) to show that they basically deserve this benefit and that is why USCIS should grant it.  You must now show USCIS that the good factors in your life are better than the bad factors in order for USCIS to grant the immigration benefit. You must submit evidence to show that USCIS should exercise their discretion in your favor.  Evidence you submit is extremely important because if USCIS decides to deny your request based on discretion, it is extremely hard to appeal the decision.
This new policy applies to the following immigration benefits applications/petitions:
I-485 Lawful Permanent Residence
I-765 Employment Authorization
I – 129 Fiance/Fiancee Petitions
I-131  Advance Parole
I-821 TPS
I-821 D  DACA
I-589 Asylum (affirmative, not in court)
I-140  Green Card for workers
I- 526 EB5 Investor Visas
I-601/601A   Waivers of Inadmissibility
I-192 Non Immigrant Waivers
I-212  Waiver of Removal
There are certain factors that will be considered in deciding discretion.
Good factors:
  • Whether you are eligible for the benefit;
  • Your ties to family members in the United States and the closeness to those family members;
  • Hardship to you and/or family members if the benefit is denied;
  • Your value and service to the community;
  • The amount of time you have legally lived in the USA;
  • Your status  while living in the USA;
  • Age at which the you came to the USA;
  • Service in the U.S. armed forces;
  • History of employment;
  • Property or business ties in the United States;
  • History of taxes paid
  • Likelihood that you will get the green card soon;
  • Evidence regarding respect for law and order, good character, and intent to hold family responsibilities (for example, affidavits from family, friends, and responsible community representatives);
  • Community service beyond any imposed by the courts;
  • Compliance with immigration laws;


Bad Factors:
  • Nature and underlying circumstances of any inadmissibility grounds at issue, the seriousness of the violations, and if you are eligible for a waiver of inadmissibility or other form of relief;
  • Criminal history (in the United States and abroad) and whether the applicant or beneficiary has rehabilitated and reformed;
  • Whether the alien is under an unexecuted administratively final removal, deportation, or exclusion order;
  • Public safety or national security concerns;
  • Moral depravity or criminal tendencies reflected by a single serious crime or an ongoing or continuing criminal record, with attention to the nature, scope, seriousness, and recent occurrence of criminal activity.
  • Findings of juvenile delinquency;
  • Previous instances of fraud or false testimony in dealings with USCIS or any government agency;
  • Marriage to a U.S. citizen or LPR for the primary purpose of circumventing immigration law;
Other factors may be considered in the discretionary analysis.
We recommend contacting our highly experienced immigration lawyers to make sure that your application are as comprehensive and contain as much possible evidence to ensure that you have the greatest possibility of getting the immigration benefit.

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