USCIS Policy Update: Discretionary Factors in Immigration Cases (2025)
- Alena Ray Conrad
- Sep 16
- 1 min read
In August 18 2025, USCIS announced new discretionary factors that affect both pending and future cases. This means your case could be approved or denied even if you meet all the legal requirements, depending on positive and negative factors officers must now weigh.
What Does “Discretionary Factors” Mean?
USCIS reviews if you qualify under the law, but it also decides whether to grant your request as a matter of discretion. Officers will balance your positive factors against any negative history. Here are some examples.
Positive Factors
Family ties in the U.S.
Long residence in the country
Steady employment and paying taxes
Education, certificates, or awards
Community involvement
Negative Factors
Past deportations or arrests
Criminal record or police issues
Entering the U.S. unlawfully
Views considered “anti-American” (not clearly defined by USCIS)
Two Key Policy Changes
Ideology matters – USCIS can deny cases based on “anti-American” beliefs. They don't clarify what “anti-American” means for them. This is concerning since it can limit
freedom of expression.
Entry matters – Entering legally works in your favor, while unlawful entry may count against you.
What You Should Do
Review your entries and history with an immigration attorney.
Highlight your positive factors (work, family, community ties, education).
Keep documents updated and ready for your interview.
📞 Schedule your discovery call for personalized attention to questions about working with us. (This is not a consultation and legal advice will not be given). Our bilingual team is here to help you navigate your immigration journey with confidence.
This is for general information purposes only. For advice about your specific situation, contact an experienced immigration attorney.
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