← United States · 2021

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Deference restored for qualifying petition-extension decisions

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateApril 27, 2021
CategoryNonimmigrant adjudication
Policy toolDeference to prior eligibility decisions
Affected groupPetitioners, applicants and beneficiaries seeking extensions involving the same parties and facts

Policy effect

From April 27, 2021, USCIS generally restored deference to its prior eligibility determinations when deciding petition extensions involving the same parties and facts. Deference did not apply where there was material error, a material change in circumstances or eligibility, or new material information adversely affecting eligibility. USCIS would consider, but not defer to, eligibility determinations made by other US government agencies. The policy restored, with updates, guidance that USCIS had rescinded in 2017.

Conditions and exceptions

Validated condition or limit: From April 27, 2021, USCIS generally restored deference to its prior eligibility determinations when deciding petition extensions involving the same parties and facts.; Deference did not apply where there was material error, a material change in circumstances or eligibility, or new material information adversely affecting eligibility.; USCIS would consider, but not defer to, eligibility determinations made by other US government agencies.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… f eligibility.1 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 In 2017, USCIS rescinded the 2004 guidance. 2 This guidance, contained in Volume 2 of the Policy Manual, generally restores the 2004 deference policy, with updates, and is effective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. Policy Highlights • Clarifies that USCIS gives deference to prior determinations when adjudicatin … g 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. • Affirms that USCIS considers, but does not defer to, previous eligibility determinations on petitions or applications made by other U.S. government agencies; that officers make determinations on the evidence of record in the petition or application under adjudication. Citation: Volume 2: Nonimmigrants, Part A, Nonimmigrant Policies and Pro … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20529 April 27, 2021 PA-2021-05 Policy Alert SUBJECT: Deference to Prior Determinations of Eligibility in Requests for Extensions of Petition Validity Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the issue of deference to prior determinations of eligibility by an officer when adjudicating a request for an extension of petition validity. Background In 2004, USCIS issued guidance addressing the issue of deference in prior determinations o …
U.S. Citizenship and Immigration ServicesPOLICY ALERT - Deference to Prior Determinations of Eligibility in Requests for Extensions of Petition ValidityOpen official source
Retrieved from https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210427-Deference.pdf

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record recovered-us-extension-deference-20210427. Something wrong? Flag this record.

Other United States changes operative in 2021