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US Citizenship & Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual instructing
officers 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 In 2017, USCIS rescinded the 2004 guidance that had imposed a
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Deference is back! USCIS announced that, effective immediately, it will reinstate its 2004 policy of deferring to prior determinations of eligibility.
Rescinded by the Trump administration, this policy directed officers to “generally defer to prior determinations of eligibility when adjudicating petition extensions involving the same parties and facts as the initial petition.” This means that prior determinations made by USCIS will receive deference unless “there was a material error, material change in circumstances or in eligibility, or new material information” that would have an adverse impact on eligibility.
This change is a result of President Joe Biden’s executive order, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. The order was meant to break down barriers to fair and efficient USCIS adjudications, among other things.
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On April 27, 2021, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance “instructing officers 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.” This USCIS policy update reverts back to a long-standing policy originally established in 2004.
The original USCIS memorandum, titled “The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity,” directed immigration adjudicators, when adjudicating petition extensions involving the same parties and underlying facts as the initial petition, to defer to prior approvals. On October 23, 2017, USCIS rescinded the deference policy, following President Donald Trump’s “Buy American, Hire American” e
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