USCIS's Updated Policies on Adjudicator Discretion

Описание: STRATEGIES AND TIPS: USCIS' UPDATED POLICY FOR ADJUDICATIONS

If you have an immigration petition or application pending with the USCIS or if you plan to file in the future—you need to understand how the USCIS will review your immigration filing.

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UPDATED USCIS POLICY MANUAL DISCRETION FOR CERTAIN IMMIGRATION FILINGS

The new guidance in the Policy Manual is vague as to how USCIS officers are supposed to conduct this investigation into potential grounds for denial and, more specifically, how to weigh the positive and negative factors, noting merely that “precedent case law provides guidance” on how to review discretion.

IMMIGRATION BENEFITS CATEGORIES SUBJECT TO DISCRETIONARY REVIEW

Discretionary review applies to certain immigration benefits including, change or extension of non-immigrant status, I-140 petitions and adjustment of status applications.

THREE STEPS OF THE ADJUSTMENT APPLICATION REVIEW
1. Examine both substantive eligibility documentation and evidence relevant to a determination of whether an exercise of discretion is appropriate.
2. Assess whether the benefit request meets the applicable adjudicative evidentiary burden for eligibility, which is typically preponderance of the evidence.
3. USCIS officers adjudicate, as a “separate component” of the process, whether the benefit request should be approved as a matter of discretion.

This discretionary review analysis requires officers to “weigh all positive factors present in a particular case against any negative factors in the totality of the record.” Some of the factors used in their analysis are listed below:

-Family and Community Ties
-Immigration Status and History
-Business, Employment, and Skills
-Community Standing and Moral Character

I will go through each of the factors that USCIS utilizes in its adjudication process.

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