Navigating USCIS Discretionary Factors for High-Risk Countries: A Comprehensive Guide

Dr. Hooman Movassagh
Jan 6
3 min read

USCIS recently updated its approach to evaluating discretionary factors for applicants from 39 countries identified as “high-risk” in the December 16, 2025 Proclamation. This change means officers now weigh positive and negative factors more strictly, especially regarding security-related conduct, which is often seen as overwhelmingly negative. For applicants from these countries, building a strong case requires careful preparation, focusing on evidence of rehabilitation, equity, and integration while addressing any potential red flags clearly and thoroughly.

Even if you are not from one of these 39 countries, reviewing this guide can help you understand how USCIS evaluates discretionary benefits and prepare your application more effectively.

Understanding USCIS Discretionary Factors

USCIS officers have discretion when deciding whether to grant certain immigration benefits. They consider both positive and negative factors in an applicant’s background. Positive factors might include community involvement, steady employment, family ties, and evidence of rehabilitation. Negative factors often involve criminal history, security concerns, or immigration violations.

For nationals of the 39 high-risk countries, USCIS now applies a more aggressive standard. This means:

Negative factors related to security or criminal conduct carry more weight.
Positive factors must be clearly documented and compelling.
Officers are instructed to treat certain security-related conduct as overwhelmingly negative.

This shift requires applicants and their representatives to build a record that emphasizes positive discretionary factors upfront while addressing any negative issues in a structured, transparent way.

The List of 39 High-Risk Countries

The December 16, 2025 Proclamation identifies 39 countries considered high-risk for immigration benefits. While the full list is detailed in official USCIS guidance, it generally includes countries with heightened security concerns or ongoing conflicts.

If you or your clients are nationals of these countries, it is critical to understand how this designation affects your application. Even if you are not from one of these countries, the principles of preparing a strong discretionary case remain relevant.

Building a Strong Case: Key Strategies

1. Front-Load Positive Evidence

Start your application by presenting strong evidence of positive discretionary factors. This can include:

Community involvement: Letters from community leaders, participation in local organizations, volunteer work.
Employment history: Proof of steady employment, professional achievements, or contributions to the economy.
Family ties: Documentation of close family relationships in the U.S., especially if family members are U.S. citizens or lawful permanent residents.
Rehabilitation: If there is a criminal record or past misconduct, provide evidence of rehabilitation such as counseling, education, or community service.
Integration: Show how you have integrated into U.S. society through language skills, cultural participation, or education.

2. Address Negative Factors Clearly

Do not ignore or minimize negative factors. Instead, address them directly with:

Honest explanations of the circumstances.
Evidence showing change or rehabilitation.
Supporting documents such as character references or certificates from rehabilitation programs.

3. Use a Structured Approach

Organize your application so that USCIS officers can easily see the balance of positive and negative factors. A clear, well-structured presentation helps officers understand your case and the efforts you have made to address concerns.

Practical Examples of Positive Evidence

Example 1: An applicant from a high-risk country includes letters from local religious leaders and employers praising their character and contributions. They also provide certificates from English classes and volunteer work at a community center.
Example 2: Another applicant with a past minor offense submits proof of completing a rehabilitation program and letters from counselors and community members supporting their good conduct since the incident.

These examples show how positive evidence can outweigh negative factors when presented clearly and convincingly.

Why Preparation Matters More Than Ever

USCIS’s updated guidance means officers will scrutinize applications from nationals of high-risk countries more closely. Without strong evidence of positive discretionary factors, applications risk denial. Preparing your case carefully can:

Increase your chances of approval.
Reduce delays caused by requests for additional evidence.
Help you respond effectively if USCIS raises concerns.

What to Do Next

Review the USCIS guidance on discretionary factors and the list of high-risk countries.
Gather evidence that highlights your positive contributions and rehabilitation efforts.
Consult with an immigration professional if you have concerns about negative factors or complex issues.
Download and study the guide and letter template we have prepared to understand how to organize your application effectively.

Building a strong record that emphasizes rehabilitation, equity, and integration is essential under the new USCIS standards. By preparing carefully and addressing any red flags openly, applicants from high-risk countries can improve their chances of success.

If you have questions or need help preparing your application, reach out to us- we can guide you through the process.