Chicago Immigration Lawyer Blog
Immigration law is never just about paperwork. Meeting the statutory requirements for a benefit such as adjustment of status, naturalization, or certain employment-based petitions does not guarantee approval. In many cases, the final hurdle is discretion. USCIS officers must decide whether to grant a benefit as a matter of judgment, weighing favorable and unfavorable factors under the “totality of circumstances.” This balancing test is open-ended, meaning officers may consider any relevant fact about the applicant’s conduct, history, and ties.
The immigration lawyers at Zneimer & Zneimer, P.C. carefully follow every development in USCIS policy. The latest Policy Alert, issued August 19, 2025 (PA-2025-16), clarifies several areas where discretion plays a decisive role, especially when an applicant has engaged in or supported anti-American or terrorist activities, when parole or admission applications were inconsistent with the law at the time, and in limited employment-based contexts like National Interest Waivers and EB-5 investor petitions.