Did you know: Even if you prove that you meet all general legal requirements for eligibility for a green card, the immigration officer deciding your case still has discretion to deny it?

This is a surprise to many green card applicants. And in the San Jose and San Francisco Bay Area where we practice, the use of discretion to deny a green card application has not been common practice thus far. However, recently United States CItizenship and Immigration Services (USCIS) updated their Policy Manual and added consolidated guidance on the issue of discretion. We expect that this new guidance will prompt increased scrutiny and denials moving forward.

The USCIS Policy Manual now states that the adjudicating officer "should review the entire record and give appropriate weight to the negative and positive factors relative to the privileges, rights, and responsibilities of LPR [Lawful Permanent Resident] status. Once the officer has weighed each factor, the officer should consider all of the factors cumulatively to determine whether the positive factors outweigh the negative ones."

So what types of factors will the officer consider when evaluating your case? Some of the biggest factors are:

-Your family ties in the US 

-Your history of education and employment in the US, and current US investment or property ownership

-Whether you have any type of criminal history, including arrests or citations (even if those would not otherwise bar you from receiving the green card) 

-Whether you have ever violated US immigration laws (even if the conduct would not otherwise bar you from receiving the green card)

Because immigration officers are likely to focus more on these and other additional factors when deciding a green card case, green card approval is becoming more challenging. 

How can Hurtubise Weber Law help? Our team has the knowledge and experience to support, guide, and represent you throughout the green card process, to give you the best chance of success. Contact us at theteam@huwelaw.com or 415-413-8760 to get help today!