Comprehensive Overview of Immigration Law (COIL) Practice Exam

Can an adjustment application be denied even if it meets all statutory requirements?

1. Yes, it can be denied based on discretionary factors

2. No, it must be accepted if all requirements are met

3. Yes, but only under certain special circumstances

4. No, if the applicant is not inadmissible, it must be approved

The correct answer is: Yes, it can be denied based on discretionary factors

An adjustment application can indeed be denied even if it meets all statutory requirements due to discretionary factors. Immigration law provides a framework that establishes eligibility for adjustment of status, but within that framework, immigration officers have the authority to exercise discretion in their decision-making. Discretionary factors may include the applicant's conduct, credibility, and overall moral character. For instance, if an applicant has a history of criminal behavior, even if they technically satisfy the criteria for adjustment of status, an immigration officer may determine that the individual is not deserving of the favorable exercise of discretion. This underscores the principle that meeting statutory requirements does not automatically guarantee approval; the decision ultimately rests on whether the applicant is deemed suitable for permanent residency in light of their entire background and circumstances. Understanding this aspect of immigration law is crucial, as it highlights the importance of both meeting technical requirements and presenting a favorable overall profile to immigration authorities.