USCIS Deference to Prior Decisions Memo is Back!
Great news from USCIS! During the prior administration’s term, USCIS rescinded its long-standing policy in deferring to its prior approval decisions when adjudicating extensions of stay. Now, after 4 years of uncertainty and unpredictability in USCIS adjudications, we are finally back to the previous policy that allowed immigration officers to rely on previous USCIS approvals.
On April 27, 2021, USCIS issued Policy Guidance on Deference to Previous Decisions.
What does Deference to Previous Decisions Memo cover?
Clarifies that USCIS gives deference to its prior determinations in the following circumstances:
when adjudicating extension requests involving the same parties and facts,
unless there was a material error, material change in circumstances or in eligibility, or new material information that adversely impacts the petitioner’s, applicant’s, or beneficiary’s eligibility.
Clarifies that USCIS will consider, but does not defer to, previous eligibility determinations on petitions or applications made by other U.S. government agencies; and that officers make determinations on the evidence of record in the petition or application under adjudication.
Background
In 2004, USCIS issued guidance addressing the issue of deference in prior determinations of eligibility. That guidance directed officers to generally defer to prior determinations of eligibility when adjudicating petition extensions involving the same parties and facts as the initial petition. In 2017, USCIS rescinded the 2004 guidance. This new guidance, contained in Volume 2 of the Policy Manual, generally restores the 2004 deference policy, with updates, and is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.
What contributed to this restoration of the old policy
The resurrection of the old Deference Policy is in accordance with President Biden’s executive order and new immigration priorities focused on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. We are thankful o the DHS for restoring the long-standing policy and affording deference to prior approvals that promotes efficient and fair adjudication of immigration benefits.
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