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USCIS Issues Policy Guidance on Deference to Previous Decisions

Updated: Apr 28, 2021

In a Bit of unexpected but welcomed news the Biden Administration has ended another problematic Policy instituted in the trump Era. During the Trump Administration, USCIS Polices were changed to ensure that every case was to be re examined no matter if the case facts are unchanged. Under the Biden Administration the USCIS has instructed as part of their Policy Manual to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.

"With this update, USCIS is reverting in substance to prior long-standing guidance issued in 2004, which directed officers to generally defer to prior determinations of eligibility when adjudicating extension requests involving the same parties and facts as the initial petition or application. In 2017, USCIS rescinded the 2004 guidance. This update is in accordance with President Biden’s executive order, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. The executive order directs the secretary of homeland security to identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits. Affording deference to prior approvals involving the same parties promotes efficient and fair adjudication of immigration benefits."

We at IKS greatly welcomes this news. The readjudication of every case that is filed no matter the facts or similar or same circumstances, Helped to create the severe backlog of Cases that we are seeing today. With this Policy reversal we can start to see the steps that the Biden Administration is taking to Address these issues in Immigration.

For more information please follow the link below:

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