What must all applicants seeking adjustment of status under INA § 245(a) secure?

Applicants seeking adjustment of status under INA § 245(a) must secure a favorable exercise of discretion. This means that even if an applicant meets the basic eligibility requirements for adjustment of status, their application can still be denied if the U.S. Citizenship and Immigration Services (USCIS) determines that it would not be favorable to grant the adjustment based on various factors, such as criminal history, immigration violations, or other personal background information.

The exercise of discretion is a fundamental aspect of the adjustment of status process, where the USCIS officer evaluates the totality of the circumstances surrounding the case. Factors that may influence this discretion include the applicant's moral character, their contributions to the community, and whether their presence in the U.S. serves the national interest.

Other options, such as securing a legal representative or obtaining local government endorsement, while potentially beneficial to the process, do not directly affect the legal criteria or the requirement for adjustment under INA § 245(a). Similarly, counselor approval is not a requisite for this process. Instead, the critical component lies in the need for USCIS to see a favorable alignment of the applicant's situation within the broader context of U.S. immigration policy and law.