USCIS Issuing Policy Guidance Giving Deference to Previous Decisions

USCIS has issued 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.

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. This update is in accordance with Pres. Biden’s executive order, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.