USCIS Interoffice Memo Legal and Discretionary Analysis for Adjudication May 3, 2006 [pdf]

This interoffice memorandum notes the importance of conducting both a legal and discretionary analysis for adjudications. This memorandum reminds adjudicators of the importance of carefully analyzing the factual findings, legal requirements, and discretionary factors in adjudicating applications and petitions (at page 1). While the legal analysis is important, “it is not the end of the adjudication, regardless of whether the applicant has shown legal eligibility or not, and even if the requisite hardship for a waiver has been shown” adjudicators must conduct a discretionary analysis weighing the applicant’s equities including the applicant’s conduct, character, relationships, U.S. ties, and other humanitarian factors (at page 1 and 2).