What is necessary for applicants under INA § 245(a) to demonstrate in order for their application to be approved?

For applicants under INA § 245(a) to have their application for adjustment of status approved, they must demonstrate a clear and favorable exercise of discretion by the USCIS officer reviewing their case. This aspect is crucial because, although the applicant may meet various eligibility criteria, ultimate approval depends significantly on whether the officer believes it is in the best interest of the United States to grant the adjustment of status.

The exercise of discretion takes into account positive factors such as family ties to U.S. citizens or lawful permanent residents, contributions to the community, and the applicant's overall character and conduct. Conversely, negative factors such as immigration violations or criminal history can weigh against the applicant. Therefore, presenting a case that persuades the officer to exercise discretion favorably is essential for approval under this section of the law.

In contrast, while having a legal visa status, financial backing, or a clean criminal record may contribute positively to an applicant's case, they are not definitive requirements for the approval of an adjustment application under this specific provision of immigration law.