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Interoffice Memorandum: Legal and Discretionary Analysis for Adjudication
"U.S. Citizenship and Immigration Services (USCIS) adjudicators and supervisors are reminded of the importance of carefully analyzing the factual findings, legal requirements, and discretionary factors in adjudicating applications and petitions. The typical approach for Adjudication Officers should be as noted below (Asylum Officers should follow existing procedures and guidance in training materials): 1. Law enforcement checks: Follow USCIS procedures to confirm that the necessary background checks have been completed and resolved. Some types of results may delay the adjudication process until the information obtained is reviewed and resolved. 2. Legal analysis: Confirm what facts the customer must establish in order to prove eligibility under the law, and then assess whether those facts have been established. The customer bears the burden of proof to demonstrate, typically by the preponderance of the evidence but sometimes by a higher standard, that the required conditions are present and that disqualifying conditions are not present. 3. Waivers: If the applicant is legally ineligible for the benefit being sought, particularly because of an inadmissibility ground, the law may afford the applicant the opportunity to seek a waiver. Many waivers require establishment not only of essential facts, but also of extreme hardship or exceptional hardship to another person (i.e., 212(h), 212(i), 212(a)(9)(B), 212(e)) or to the applicant (i.e., battered spouse or child).1 Again, the applicant bears the burden of proof. 4. Discretionary analysis: In many types of cases, legal analysis is not the end of the adjudication, regardless of whether the customer has shown legal eligibility or not, and even if the requisite hardship for a waiver has been shown. "
U.S. Citizenship and Immigration Services
Divine, Robert C.
2006-05-03
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Interoffice Memorandum: Disclosure of Certain Information Relating to Criminal Histories of Petitioners to Potential Visa Beneficiaries
"The purpose of this memorandum is to provide interim guidance to U.S. Citizenship and Immigration Services (USCIS) adjudicators regarding when it may be appropriate to disclose certain information relating to a visa petitioner's criminal history involving violence or sex offenses to potential visa beneficiaries or their legal guardians."
U.S. Citizenship and Immigration Services
Divine, Robert C.
2006-05-03
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Matter of Buschini ( June 30, 2006 )
"As Acting Deputy Director I hereby designate the attached decision of the Administrative Appeals Office (AAO) in Matter of Buschini as a USCIS Adopted Decision. Accordingly, this decision is binding policy guidance on all USCIS personnel. This AAO decision provides guidance regarding the type of documentation that must be submitted in order to establish Cuban citizenship for purposes of adjustment of status under section 1 of Pub. L. 89-732 (November 2, 1966) as amended (Cuban Adjustment Act). Applicants are required to provide official documentation from the Cuban Government indicating that he or she is a citizen of Cuba. Documents lacking a specific notation that the applicant is a citizen will not ordinarily be accepted as proof of Cuban Citizenship. USCIS personnel are directed to follow the reasoning in this decision in similar cases."
U.S. Citizenship and Immigration Services
Divine, Robert C.
2006-06-30
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