Which of the following petitions or applications require an exercise of discretion?

• A. I-601, Application for Waiver of Grounds of Inadmissibility
• B. I-485, Application to Register Permanent Residence or Adjust Status
• C. I-539, Application to Extend/Change Nonimmigrant Status
• D. All of the above

Answer: (D)

The exercise of discretion is a key element in various immigration applications and petitions. In the context of the options provided, all the choices listed require some form of discretion from immigration authorities when adjudicating the applications.

For the I-601, Application for Waiver of Grounds of Inadmissibility, the U.S. Citizenship and Immigration Services (USCIS) officers use discretion to determine if a waiver should be granted based on the applicant's eligibility and the circumstances surrounding their inadmissibility. Factors such as hardship to U.S. citizen or permanent resident family members are considered.

The I-485, Application to Register Permanent Residence or Adjust Status, also involves discretion. USCIS assesses whether the applicant meets eligibility criteria, including admissibility. If any issues arise, such as past violations of immigration laws or criminal history, the discretion may be used to deny or grant the application based on a holistic view of the applicant's case.

The I-539, Application to Extend/Change Nonimmigrant Status, similarly requires an exercise of discretion. USCIS evaluates the applicant's reasons for extending or changing status, including their compliance with immigration laws and any ties to their home country. Discretion is used in cases where the applicant's circumstances may warrant special consideration.