Trump adds new grounds for denials

IMMIGRATION CORNER

- MICHAEL J. GURFINKEL, ESQ

There are some immigration benefits where the applicant must not only demonstrate eligibility or compliance with the listed requirements but also that they are deserving of approval or otherwise warrant a "favorable exercise of discretion."

Benefits requiring an officer's favorable exercise of discretion include adjustment of status, waivers of inadmissibility (such as fraud waiver or provisional waiver), etc. Even if a person meets all the statutory requirements for eligibility, an officer could still deny the case in the exercise of discretion "after weighing the positive and negative factors and considering the totality of the circumstances in each case."

"The various factors an officer may consider (when conducting a discretionary analysis) include the alien's conduct, character, family ties, immigration history and any humanitarian concerns."