What is required for an alien to receive a favorable exercise of discretion under INA § 245(a)?

For an alien to receive a favorable exercise of discretion under INA § 245(a), the essential requirement is the application for adjustment of status. This provision under the Immigration and Nationality Act allows eligible individuals to apply for a change in their immigration status while in the United States, typically from a nonimmigrant to a lawful permanent resident (green card holder).

The adjustment of status process is where discretion is evaluated, as the immigration officer must consider various factors, including the applicant's moral character, the circumstances of their entry into the U.S., and any potential hardships they may face if not granted status. Thus, the application itself is foundational to the process since it initiates the request for that discretionary evaluation.

In contrast, options such as health examinations, naturalization interviews, or employment petitions are not directly involved in the exercise of discretion for adjustment of status under this specific section. While health examinations are a requirement in the overall immigration process for many cases, they do not pertain to the discretionary evaluation for adjustment of status as outlined in INA § 245(a). Similarly, naturalization interviews apply to individuals already eligible for citizenship and do not factor into discretionary decisions related to adjustment of status. The approval of an employment petition is indicative of the eligibility for