Regarding the utilization of the secretary of the Department of Homeland Security's discretion in the adjudication of applications for adjustment of status, U.S. Citizenship and Immigration Services is currently updating the existing policy guidance that can be found in the USCIS Policy Manual.
By providing a non-exhaustive list of positive and negative factors that may be relevant to determining whether an applicant for adjustment of status warrants a favorable exercise of discretion, this update clarifies the existing content. It also includes a list of the rights, privileges, and obligations of lawful permanent residents (LPRs), which officers can use as a reference when deciding whether or not granting LPR status is in the nation's best interest.
By providing a foundation for identifying and analyzing both positive and negative factors in applications for adjustment of status, this update will help officers make more consistent discretionary decisions.
