USCIS Is Denying More Cases Using Discretion—Even When Applicants Meet the Requirements

In recent months, we’ve observed a troubling shift in how U.S. Citizenship and Immigration Services (USCIS) reviews and decides immigration cases. Even when applicants meet all of the legal and procedural requirements, many are seeing their cases denied—not because they are ineligible, but because USCIS is exercising discretion to deny based on minor concerns such as inconsistencies or even perceived misrepresentation.

This change makes it more critical than ever to have your case handled by a trusted and experienced immigration attorney who can protect your rights and present your case in the strongest possible way.

What’s Changed at USCIS?

Over the last year, USCIS has quietly expanded its use of discretionary authority to deny cases. In February 2025, USCIS issued updated guidance that directs officers to take a broader and more aggressive approach when deciding whether to approve or deny petitions, even if the legal requirements are technically met.

In particular, the agency is:

• Issuing more Notices to Appear (NTAs) to place applicants into removal proceedings, especially when there are concerns of fraud, criminal history, or unlawful presence, even if these were not the main reason for denial.

• Drastically limiting prosecutorial discretion, meaning fewer people benefit from leniency or second chances.

• Weighing even minor misrepresentations or inconsistencies as serious negative factors in discretionary decisions.

What Counts as Misrepresentation?

Misrepresentation doesn’t always mean lying outright. In immigration law, it can include:

• Failing to disclose previous visa denials or immigration history

• Using incorrect names, dates, or addresses on forms

• Omitting minor criminal or immigration violations

• Submitting documents with slight inaccuracies

Even small or unintentional errors can be interpreted as misrepresentation. In the past, such issues might have been overlooked or clarified, but now, they can lead to denial, especially when USCIS applies discretion.

The Risk of Discretionary Denial

USCIS officers are instructed to consider the totality of the circumstances in many applications, including adjustment of status, waivers, and naturalization. This means that even if your case meets every requirement under the law, the officer may still deny it if they feel that your case includes negative discretionary factors, like a past mistake, misrepresentation, or lack of evidence showing good moral character.

In other words, meeting only the legal requirements may no longer be enough.

Why You Need an Immigration Attorney

Given these changes, trying to handle your own immigration case—or relying on immigration services, consultants, or online forms—can be risky. What might seem like a small issue to you could trigger a denial or even a deportation notice.

An experienced immigration attorney can:

• Carefully review your case for any red flags

• Help explain past issues in the most favorable way

• Prepare strong documentation and legal arguments

• Advocate for your case if discretionary concerns are raised

At Tran Flores Law, we have helped hundreds of clients successfully navigate complex immigration processes, including cases involving past visa issues, criminal records, and prior misrepresentation concerns. Our team knows how to build a compelling case that highlights the positive factors in your situation and addresses any concerns before USCIS uses them to deny your case.

Don't Take Risks With Your Future

In today’s climate, immigration decisions are tougher than ever. Even eligible applicants are being denied because of how USCIS applies its discretionary authority. Don’t let a minor mistake ruin your chance at a better future.

Let our team help you protect your rights, present your case clearly, and fight for the outcome you deserve. 📞 Call us today at (512) 894-9984 to schedule a consultation.