The USCIS is currently reviewing a case that could have major implications for how the agency processes applications. The case in question, Matter of A-B-, involves a foreign national who applied for asylum but was denied by the USCIS.
The individual then filed an appeal with the Board of Immigration Appeals (BIA), which ultimately sided with the USCIS and denied the appeal. Now, the case is being review by the USCIS itself, and it could result in a change of policy regarding how the agency handles asylum applications.
This is a developing story, and we will continue to update this blog post as more information becomes available.
What is USCIS?
The United States Citizenship and Immigration Services (USCIS) is the government agency responsible for adjudicating applications for immigration benefits. This includes applications for naturalization, permanent residency, and other types of visas. The USCIS also oversees programs such as the Deferred Action for Childhood Arrivals (DACA) program.
When an individual files an application with the USCIS, their case is assigned to an adjudicator. The adjudicator will review the case and make a decision on whether to approve or deny the application. In some cases, additional information may be required from the applicant before a decision can be made. If this is the case, the USCIS will issue a request for evidence (RFE).
Once a decision has been made on an applicant’s case, they will be notified by mail. If the application is approved, they will receive instructions on what steps to take next. If the application is denied, they will be given information on how to appeal the decision or reapply if they believe they are eligible for a different immigration benefit.
Who is reviewing the case?
The USCIS is reviewing the case to ensure that all information and documentation is complete and meets their requirements. They will also be looking at whether or not the applicant meets the eligibility criteria for the specific immigration benefit being sought.
What will happen next?
Since the case is still being actively reviewed by USCIS, it is difficult to say definitively what will happen next. However, there are a few potential outcomes that could occur. It is possible that USCIS could request additional information or evidence from the petitioner in order to make a decision on the case.
Alternatively, USCIS could decide to approve or deny the petition based on the information that they have already received. If the petition is approved, the foreign national will be able to proceed with their application for a green card. If the petition is denied, the foreign national may be able to appeal the decision or file a new petition.
Cases Reviewed by the USCIS
The USCIS reviews a variety of different types of cases, including:
- Citizenship and naturalization applications
- Adjustment of status applications
- Refugee and asylee petitions
- Employment-based visa petitions
- Family-based visa petitions
Each type of case has its own specific requirements and guidelines that the USCIS will use to make a decision. For example, citizenship and naturalization applicants must meet certain residency requirements and pass a civics test, while adjustment of status applicants must have been lawfully admitted to the United States and meet other eligibility criteria.
How Long Does the USCIS Take to Review a Case?
The United States Citizenship and Immigration Services (USCIS) is responsible for reviewing all cases that are submitted to them. However, the amount of time that they take to review a case can vary depending on the individual circumstances.
One factor that can affect the timeline is the type of case that is being submitted. For example, a family-based petition will generally take longer to review than an employment-based petition. USCIS also gives priority to certain types of cases, such as those that are related to national security or public safety. This means that these cases will be moved to the front of the line and reviewed before other cases.
Another factor that can affect USCIS processing times is the workload of the office that is reviewing the case. If there are more cases being submitted than there are employees available to review them, then it will take longer for USCIS to get through all of the cases.
If you are wondering how long it will take to review your specific case, you can check their website for estimated processing times. Keep in mind that these timelines are only estimates and your case may be processed sooner or later than what is listed on their website.
What Happens if the USCIS Denies a Case?
If the USCIS denies a case, the applicant will receive a notice of denial. This notice will state the reasons for the denial and what, if any, options are available to the applicant. If the USCIS denies an application for benefits, the applicant may appeal the decision.
How to Appeal a Decision by the USCIS?
If you are not happy with a decision made by the USCIS, you may file an appeal. The first step is to determine if you meet the criteria to file an appeal. To do this, you will need to look at the specific decision made and see if it meets any of the following reasons for an appeal:
- The USCIS erred in its application of the law
- The USCIS made a factual error
- The USCIS acted outside of its authority
- You were denied due process
After determining that you have grounds to file an appeal, you will need to gather all evidence and documentation to support your case. This may include letters from witnesses, copies of pertinent laws or regulations, and any other supporting documentation. Once you have gathered all of your materials, you will need to submit them to the proper appeals office along with a filing fee.
After your appeal has been filed, it will be assigned to an immigration officer who will review your case. The officer will then issue a written decision on your appeal. If the decision is in your favor, your case will be reopened and reconsidered. If the decision is not in your favor, you may request a hearing before an immigration judge.