04 Mar 2026 Do Pleas For Mercy Help Your Immigration Case?
Some people believe that if they beg and plead with immigration officers, pointing out their sacrifices, contributions, and desire to remain in the U.S., the officer will be so overcome with mercy and compassion that their case will be approved.
That is not true. Most immigration benefits clients require strict compliance with statutory requirements. Either you meet those requirements or the case is denied. There is no room for discretion, mercy, or compassion. A woman who recently consulted with me learned the hard way.
In that woman’s case, although she had an approved employment based petition (Form I-140) and her priority date was current, she was not eligible to apply for adjustment of status (Form I-485) because she was out of status and was not “grandfathered” under Section 245(i), which was a law that allowed certain out of status applicants to adjust status in the U.S. if they had been petitioned before April 2001.
Undaunted, she went ahead and filed for adjustment of status, claiming that the U.S. Citizenship and Immigration Services (USCIS) had the discretion to grant her adjustment of status because she had been a longtime resident of the U.S. for more than 20 years, contributed to the community, worked hard, paid taxes, and had no criminal record. She argued that with all she had to offer the U.S. and all that she was willing to contribute, USCIS should show mercy and compassion and approve her case.
USCIS disagreed and denied her adjustment of status. She then hired an attorney to file a motion to reconsider where the attorney made the same arguments or plea for mercy. USCIS denied that motion to reconsider, once again pointing out that she was statutorily ineligible to adjust status because she was out of status. She was then issued a notice to appear (NTA), where she was placed in removal/deportation proceedings.
Although some immigration benefits allow USCIS officers to exercise discretion, most immigration benefits require strict compliance with statutory requirements. Mercy and compassion play no part in the decision-making or eligibility.
For example, hardship waivers, such as fraud waivers, provisional waivers, or other immigration benefits that require a showing of “extreme hardship” on certain close relatives, the officer may exercise discretion and can show mercy and compassion. But in other cases, such as eligibility under a petition, adjustment of status, etc., you must demonstrate you meet the legal requirements and must submit all the required/listed evidence showing your eligibility. If you do not meet the legal requirements, arguing that the officer should exercise discretion will just be a waste of time.
In fact, I was quite surprised that this attorney would have accepted her case to file a motion to reconsider, arguing this woman could still be eligible to adjust status, despite being out of status for 20 years, based on the officer exercising discretion.
My point is that before filing for any immigration benefit, you should consult with a reputable immigration attorney, who could first determine if you are eligible, help you gather and package the required information and documents, especially if eligibility is based on strict statutory requirements. Or, if discretion is involved, the attorney can help you put together a tear-wrenching application.
Having an attorney assist you is especially critical under the Trump administration, where immigration enforcement is perhaps the hottest and popular topic in politics. Every day in the news you hear about immigration enforcement, crackdowns, arrests, and the number of deportations.
Navigating your way through eligibility is like going through a minefield, with so many traps for the unwary. USCIS has also become more of an “enforcement” agency rather than one for approving benefits. If the petition or application is denied, USCIS is not only denying the case, but also putting the person in deportation/removal proceedings.
The stakes and risks have become so high under Trump. I know people want to save money wherever they can. That’s natural. They believe that they can handle their case on their own and save attorney fees. But things are different under Trump. A case could be denied because of inadvertently failing to include a document, such as a birth certificate or tax return. The case is not only denied, but the person is put in deportation. Is it worth the risk for the money you think you’re saving?
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