Adjusting your legal residency status when coming to the United States or seeking to remain in the country can seem very intimidating. A lot of things are taken into consideration when adjusting legal residency status as a deportation defense. Factors like standard of proof as well as things that have happened since your last adjustment that can all impact the current investigation.
What is standard of proof?
Standard of proof when you’re seeking a status adjustment is how persuasive the current standings are. To seek adjustments to legal residency status, you’ll have to meet certain eligibility requirements that will then be analyzed and used as standard of proof.
There’s a certain amount of discretion when officials look at applications to make adjustments to your legal residency status. However, some adjustment of status provisions are non-discretionary, meaning the court can’t question the legitimacy of the application or facts leading to the application.
What things are brought into question?
In cases where the application is examined or question, officials will look at a variety of factors as to your everyday life. When you’re applying for an adjustment of status, the USCIS might look at things like:
- Family and community ties
- Immigration status and history
- Past violations
- Career skills
- Moral character
These are just some of the factors that the court might look at to determine whether the standard of proof has been met to approve your application. You might be asked to provide additional documents relevant to one or more of these factors, like bringing in proof of employment.
It can be uncomfortable to have these factors questioned as part of your application, but it’s part of the process. You’ll also want to ensure that all of your application documents have been completed correctly when seeking an adjustment to your legal residency status.