Tagged #discretionary-relief
Every article we've published on this topic, sorted by the agency's own announcement date.
USCIS Tightens Adjustment of Status Approval Standards in July; Visa Caps Reached for EB-2 India
The Trump administration imposed stricter green card approval criteria in July 2026, including tighter visa limits, enhanced technical review, and discretionary adjustment of status standards that require individualized case assessment beyond basic eligibility.
DHS Proposes Restrictions on Discretionary Employment Authorization for Parolees, Deferred Action, and Removal Cases
DHS published a proposed rule that would restrict employment authorization eligibility for paroled aliens, deferred action recipients, and individuals with final removal orders, imposing stricter discretionary review standards.
BIA Precedent: Consider Aliens' Crimes, Not Convictions, in Exercising Discretionary Relief
A new BIA precedent holds that immigration judges must examine an alien's actual criminal conduct—not just convictions—when exercising the attorney general's discretion to grant cancellation of removal or other discretionary relief.
USCIS May 2026 Memo: Adjustment of Status Now \"Extraordinary Relief\" — What Practitioners Need to Know
On May 21, 2026, USCIS issued PM-602-0199 treating adjustment of status as discretionary extraordinary relief rather than routine processing. The policy shifts discretion toward consular processing abroad and applies heightened scrutiny to AOS approvals.
BIA Precedent: DACA Status Alone Won't Block Removal
The Board of Immigration Appeals has ruled that immigration judges cannot terminate removal proceedings based solely on DACA status. Practitioners must now develop additional arguments on discretionary factors.