Navigating the USCIS AOS Update: How to Prepare Your Case for USCIS Discretion

How to Prepare Your Case Right Now, Even While We Wait for More Details

We want to be upfront with you: we are still waiting on official guidance from USCIS about exactly how this new memo will be put into practice. We don't have all the answers yet, and we won't pretend otherwise.

But here's what we do know, and it's actually good news: 

In light of the USCIS memo on AOS applications, there are concrete things you can do right now to help put your best foot forward, whether you're preparing for an upcoming interview or getting ahead of a potential Request for Evidence (RFE).

We’ve prepared this guide, based on the USCIS Policy Manual. It’s what USCIS uses to guide their processes and make their decisions. As stated on their site, “the USCIS Policy Manual is the agency’s centralized online repository for USCIS’ immigration policies”. 

Specifically, we followed the details and framework outlined in Volume 7 - Adjustment of Status, Part A - Adjustment of Status Policies and Procedures, Chapter 10 - Legal Analysis and Use of Discretion. If you’d like further reading, please feel free to review it yourself here. 

We have done our best to walk you through how this policy might be implemented when it comes to your Adjustment of Status application and interview.

SimpleCitizen, Inc. is not a law firm or lawyer referral service. The services and information provided are not legal advice and do not substitute the same level of advice, opinion, guidance or recommendation that a licensed immigration attorney can provide. SimpleCitizen is not affiliated with USCIS. 

First, Let's Explain "Discretion" in Plain English

When USCIS says an approval is "discretionary," it means the officer reviewing your case has the authority to make a judgment call. They aren't just checking a list of boxes. They're looking at the full picture of who you are and what your life looks like here in the United States.

Think of it like this: the officer is using a weighing scale. On one side are the things that support your case: your family, your job, your years living here, your record. On the other side are things that may raise concerns. The officer's job is to look at both sides and ask:

"Is approving this application in the best interest of the United States?"

The key thing to understand: you have real power to influence that scale. 

The stronger and more clearly documented your positive factors are, the better your chances of a favorable outcome.

What Are "Positive Factors"?

These are the parts of your life and history that work in your favor. USCIS officers are required to consider them. Here are some of the most important ones, with examples of what they actually look like:

• History of following the law, including immigration law: Have you always maintained a valid immigration status? Entered legally? Followed the terms of your visa? This is one of the most important factors an officer weighs. If your record is clean, that's a positive.
  
  
• Close family ties to U.S. citizens or permanent residents: A U.S. citizen spouse, children born here, or permanent resident family members are significant. The officer is required to consider the hardship that a denial would cause your family, especially children. The closer and more meaningful the relationship, the more weight it carries.
  
  
• Hardship if your application is denied: What would it actually mean for your life, and for your family's life, if you had to leave? Think about your children's schooling, your spouse's employment, medical needs, and financial obligations. Hardship is a real factor, and it deserves a real explanation.
  
  
• Length of lawful residence in the United States: The longer you've lived here lawfully, especially if you came as a child or young adult, the more it speaks to how deeply rooted you are in this country. Strong community ties built over many years matter.
  
  
• Stable authorized employment history: Consistent work, a reliable income, and a history of steady employment all reflect well on your application. Officers consider the type of work you do, how long you've held jobs, and whether your employment history is stable.
  
  
• History of paying taxes: Filing your taxes every year and meeting your tax obligations is a clear, documentable sign that you're contributing to and investing in life in the U.S.
  
  
• Education, training, and skills gained in the US: Degrees, certificates, and vocational training (especially those earned here) demonstrate your commitment to building a future in this country.
  
  
• Value and service to your community: Volunteer work, religious or civic involvement, owning a home or business, or coaching a youth sports team all help paint a picture of someone who is genuinely part of their community, not just living in it.
  
  
• Good character: Honesty, integrity, the way you've conducted yourself throughout your life here. Officers look at the full picture of who you are as a person. Sometimes, affidavits or letters of support from friends and family can help strengthen this. 

What Are "Adverse Factors"?

These are things that may raise concerns for an officer. We're sharing these not to alarm you, but because being honest with yourself and your case team is the most important thing you can do right now.

• Violations of immigration law or the terms of your status: Any period of unlawful presence, overstaying a visa, or violating the terms of your immigration status (like working without authorization) can be weighed against you.
  
  
• Conduct inconsistent with your visa type: Actions or behavior that suggest you may have misrepresented your intentions when you entered the United States. USCIS may look at whether your activities matched the purpose of the visa you used to enter the country. For example, if you came on a tourist visa but immediately began working or set up a business, that could be seen as inconsistent with the purpose of your original entry.
  
  
• Overstaying your authorized period of stay: Remaining in the U.S. beyond the date on your I-94 is one of the most common adverse factors. The length of the overstay and the reason for it both matter.
  
  
• Any criminal history: Any arrests, charges, or convictions (even minor ones) may be considered. The nature of the offense, how long ago it happened, and any evidence of rehabilitation are all relevant.
  
  
• False statements to U.S. government authorities: Any misrepresentation, whether on a visa application, at a port of entry, or in dealings with USCIS, is taken very seriously.
  
  
• Inconsistencies with past statements to immigration officials: If what you're saying now doesn't line up with what you said when you entered the country or applied for your visa, that can raise red flags.
  
  
• Country-specific vetting concerns: USCIS may consider conditions or limitations related to an applicant’s country of nationality or residence when reviewing an immigration case. In some situations, concerns may arise if the U.S. government has limited access to reliable records, identity verification systems, or security and background screening information from a particular country. These reviews are generally tied to broader vetting and screening procedures and do not automatically mean an application will be denied.
  
  
• National security or public safety concerns: USCIS conducts security and background checks to help ensure that individuals seeking immigration benefits do not pose a threat to national security, public safety, or the well-being of the United States. This review may include evaluating criminal history, security screenings, immigration records, affiliations, or other factors that could raise concerns during the application process. This is a standard part of nearly every USCIS review and applies to all applicants.
  
  

If any of these apply to your situation, please do not panic; instead, talk to an immigration attorney as soon as possible. Many of these factors can be addressed, contextualized, or offset by strong positive factors. An attorney can help you understand your specific situation and how to strengthen your application to give you the best chance at success possible

What You Should Do Right Now: Start A File

Here's the most concrete thing you can do today, before we even know the full details of how USCIS will implement this policy:

Start building your personal "discretion file."

This is a list of the positive factors that apply to your life, written in your own words, with supporting documents attached. Think of it like preparing the best possible argument for why you deserve to be here. Because you do.

Here's how to start:

1. Open a document and start listing your positive factors. For each one, write a bullet point and then 1–3 sentences explaining the relevant details of your situation.
   Example:
   
   • Family ties: My U.S. citizen wife and I have been married for six years and have two children, ages 3 and 5, who were born here. Returning to my home country would mean uprooting our entire family and separating our children from the only home they've ever known.

2. Be honest about any adverse factors. If something applies to your situation, write it down and note any context or mitigating circumstances. Knowing what's in your file before an officer does is always better.
   
   
3. Start gathering documents that support your positive factors. For each bullet point, ask yourself: what evidence do I have to back this up? Upload them into a folder that you can easily access or share with an immigration attorney if needed.

Examples of helpful documents:

• Tax returns (last 2–3 years, or covering your entire time in the US)
• Pay stubs and employment records for authorized employment
• Marriage certificate, birth certificates for children
• Lease agreements, mortgage documents, or utility bills showing your address history
• Letters from employers, community organizations, religious leaders, or neighbors
• Degrees, certificates, and vocational training
• School enrollment records for yourself or your children (if any)
• Evidence of volunteer work or community involvement
• Medical records or documentation of any hardship factors

A Note on What Comes Next

We want to be clear: while we await official guidance from USCIS, we don't yet know exactly how USCIS officers will apply this policy in practice. What we've shared here is based on the official USCIS Policy Manual and the guidance that has always governed the exercise of discretion in Adjustment of Status cases. The new memo brings this framework into sharper focus. It doesn't replace it.

More detailed guidance from USCIS is expected in the coming weeks. As soon as we have it, we'll share it here and reach out to customers whose cases may be most directly affected.

In the meantime, starting your list costs you nothing and could make a real difference. We're here to help you every step of the way.

And, as always, we're happy you're here.

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