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Expanded USCIS Discretionary Framework Now in Effect
On November 27, 2025, United States Citizenship and Immigration Services issued updated guidance authorizing officers to conduct broad discretionary review across a significantly wider range of benefit types. This expansion applies notably to applicants from nineteen countries identified in a Presidential Proclamation issued in June 2025 and further modified by a subsequent Proclamation dated December 16, 2025, effective January 1, 2026. The policy directs adjudicators to apply a comprehensive weighing of positive and negative factors in decisions involving requests for extension of status, amendment of status, change of status and adjustment of status. This new layer of evaluation applies even when statutory eligibility has been clearly met.
Countries Subject to Heightened Discretionary Review
The following countries are now subject to enhanced vetting and security based analysis: Afghanistan, Burma, Burundi, Chad, Republic of Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Iraq, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen. Individuals born in these countries are included even if they hold citizenship from an additional non restricted country.
Effect of the Proclamations on Domestic Filings
While the Proclamations bar entry into the United States for affected nationals they do not categorically prohibit domestic filings. USCIS continues to accept applications for change of status and adjustment of status filed by applicants already within the United States. However adjudications are currently paused while officers engage in deeper review of potential security concerns and discretionary factors tied to country specific risk indicators. This pause and enhanced scrutiny introduce longer processing times and a higher threshold for discretionary approvals.
Positive Factors That Strengthen a Case
Under the expanded guidance applicants can significantly improve their discretionary posture by presenting robust evidence of favorable equities including strong family ties in the United States long term lawful presence compliance with immigration law documented employment and economic contributions community involvement rehabilitation where applicable significant medical conditions requiring continued care ownership of property or business and character evidence such as letters of support awards and statements demonstrating reliability and community value.
Negative Factors Considered by USCIS
Officers have been instructed to carefully assess indicators that may raise discretionary concerns including difficulty verifying identity inconsistent biographic information national security or public safety issues criminal history even without conviction noncompliance with past immigration requirements expressions of anti American ideology associations with groups linked to security risks and country of origin factors tied to terrorism concerns repatriation issues or strained diplomatic relations.
Strategic Case Preparation Under the New Standards
Given that discretionary review now applies broadly to change of status and adjustment filings for nationals of these nineteen countries practitioners should consider reframing how applications are prepared. Evidence of positive discretionary factors should be included at the initial filing stage rather than waiting for a request for evidence or a notice of intent to deny. Strong supporting documentation may include employer letters tax returns proof of community service educational records evidence of strong reasons to remain in the United States and records reflecting compliance with all prior immigration obligations. Applicants should also receive careful guidance regarding statements affiliations and online activity that may be interpreted through a discretionary lens.
How Spar and Bernstein Can Support Applicants Facing Heightened Review
The expanded discretionary authority represents a meaningful shift in how USCIS evaluates applications from affected nationals. This shift also underscores the value of skilled legal advocacy. The immigration attorneys at Spar and Bernstein have extensive experience presenting balanced and persuasive discretionary cases that highlight favorable equities while addressing potential concerns with clarity and strategic foresight. Our team prepares filings that anticipate adjudicatory scrutiny and ensure that applicants present the strongest possible evidentiary record from the beginning. As federal policy evolves we continue to guide clients toward stable solutions and successful immigration outcomes through careful analysis and dedicated representation.
