Immigrating to the United States has never been easy. But today, it just got tougher.
USCIS (U.S. Citizenship and Immigration Services) has updated its policy on discretion in immigration cases, and this change will impact thousands of immigrants applying for benefits such as adjustment of status, student visas, extensions of stay, or employment-based petitions.
This policy is not just a formality—it can mean the difference between approval and denial of your immigration case. And the truth is: more denials are coming.
At Landerholm Immigration, A.P.C., we’ve seen how devastating a discretionary denial can be. But we’ve also seen hope. Our firm has fought and won some of the most difficult immigration cases—not just recently, but even under the harsh policies of the Trump administration. We know how to turn challenges into victories, and we are ready to help you do the same.
What Does “Discretion” Mean in Immigration Cases?
When you apply for many immigration benefits, it’s not enough to simply meet the basic eligibility requirements. USCIS officers must also decide if you deserve the benefit through what is called a “favorable exercise of discretion.”
This means officers will weigh the positive and negative factors in your life before deciding on your case.
Negative Factors That Can Lead to Denial
USCIS has made it clear that certain factors will carry very heavy negative weight, including:
- Any involvement in terrorism or extremist groups.
- Promoting or endorsing anti-American or anti-Semitic ideologies.
- Fraud, misrepresentation, or criminal activity.
- Failing to follow U.S. immigration laws when applying for admission or parole.
Positive Factors That Can Help Your Case
On the other hand, USCIS will look favorably at:
- Following U.S. immigration laws and rules when applying.
- Strong family ties in the U.S.
- Evidence of good moral character.
- Contributions to your community or U.S. society.
How This Update Affects Different Immigration Benefits
- Adjustment of Status (Green Card Applications): Discretion now plays an even greater role. Even if you qualify, your conduct and history will be scrutinized.
- Employment-Based Petitions: Most categories are not subject to discretion, except for national interest waivers and EB-5 investor visas where fraud or national security concerns are present.
- Student Visas (F & M): USCIS will consider your conduct and immigration history in decisions about extensions, changes of status, or reinstatement.
- Extensions of Stay or Other Non-Immigrant Benefits: Discretion is a major factor.
This guidance has already been added to the USCIS Policy Manual and is effective immediately.
What This Means for Immigrants
Let’s be real: this update makes things tougher. USCIS officers now have broader authority to deny cases, even when you meet the requirements on paper. For many immigrants, this means higher risk, more denials, and greater uncertainty.
But here’s the good news: you don’t have to face this alone.
At Landerholm Immigration, A.P.C., we specialize in complex immigration cases. We know how to present strong positive factors, minimize negative ones, and build the most persuasive case possible. We have won cases where others saw no hope—even during the strictest immigration climate under the Trump administration.
If you’re applying for an immigration benefit, don’t leave your future to chance.
Frequently Asked Questions (FAQ)
What is USCIS discretion in immigration?
USCIS discretion allows immigration officers to weigh both positive and negative factors in your case before deciding whether to approve your application. It’s not just about eligibility—it’s about whether you deserve the benefit.
Can I be denied even if I meet the requirements?
Yes. With these new USCIS policies, meeting the requirements is only part of the process. Officers will now place more emphasis on your character, history, and conduct.
How can I improve my chances of approval?
Work with an experienced immigration lawyer who knows how to highlight your positive factors, address any negatives, and present your strongest case possible.
What types of immigration cases are most affected by discretion?
Adjustment of status, green card applications, student visas (F & M categories), extensions of stay, EB-5 investor visas, and national interest waivers are most impacted.
Do I need an immigration attorney to handle my case?
While it’s not required, having an attorney can be the difference between approval and denial. An immigration lawyer in California or wherever you are located can protect your rights and present your best case.
Don’t Risk Your Future — Get Help Today
The immigration process is becoming increasingly unforgiving. But you don’t have to go through it alone.
At Landerholm Immigration, A.P.C., we have guided countless immigrants through these challenges and secured approvals even when the odds were stacked against them. If USCIS discretion is a concern in your case, the time to act is now.
📞 Call us today for a consultation.
📩 Contact us online to get started.
Your dream of staying in the U.S. is still possible. Let us fight for you.