USCIS’ No Deference Memorandum

If you are filing an extension request, you can no longer rely on a smooth process. Previously, adjudicators gave deference to the findings of the earlier approved petition, unless there was evidence of an error, fraud, or changes to key elements.

However, under a new USCIS memo, adjudicators must apply an elevated level of scrutiny to extension requests. All the prior evidence and much more will have to be reproved and resubmitted. The USCIS’ officers will readjudicate the petition – even though it had been previously approved.

If you need to file an extension of status, plan to file early and be ready for a potential request for additional evidence. Plan also to work with a proactive, engaged, and experienced immigration team.