Can USCIS Re-Review a Previously Approved Immigration Case?
It sounds like a nightmare: you receive an immigration benefit, only for USCIS to re-open your case later to take a second look. Is this possible? Can USCIS re-review a previously approved immigration benefit?
The answer is “yes.” The federal government has the power to review and even revoke a previously awarded immigration benefit. For this reason, applicants should work with an experienced law firm that engages in strategic immigration planning. At The Law Office of Jason M. Sullivan, we dedicate our practice to helping clients with select immigration matters.
Federal Court Allows Comprehensive Re-Review to Go Forward
In August, the U.S. Court of Appeals for the First Circuit decided a case involving numerous USCIS policies. Although the lawsuit did not fully resolve all issues, the First Circuit did allow USCIS to implement its “Comprehensive Re-Review Policy.”
This policy instructs USCIS personnel to engage in comprehensive re-review of previously approved immigration benefits from certain individuals who entered the U.S. on January 20, 2021 or after. In other words, those who entered when Joe Biden was president.
This re-review policy allows USCIS to rescind or revoke previously awarded immigration benefits. The agency might find violations which could render you inadmissible.
Does This Affect You?
The good news is that USCIS is not re-reviewing every previous application. They don’t have the personnel or resources to do that. Furthermore, USCIS is interested in taking a second look at immigration cases filed by people who entered from certain countries.
Does this affect everyone?
No. USCIS will not review every single immigration decision over the past 5 years.
Nonetheless, the comprehensive re-review policy might cover hundreds or even thousands of people. One myth is that once you receive a benefit, USCIS cannot look at your immigration file again. That simply is not the case.
If you are filing for a green card or citizenship, you can expect a comprehensive review of your entire immigration file. That means USCIS might find violations you have committed in the past, which would render you ineligible.
Immigration cases build on previous filings. Consequently, relevant history can include:
- Visa applications
- Entries into the United States
- Extensions or changes of status
- Adjustment of status
- Family-based petitions
- Removal of conditions
- Naturalization
When reviewing the file, USCIS might discover previous violations, misstatements of fact, or omissions.
Protect Yourself by Hiring Legal Counsel
While reviewing your file, USCIS could uncover information that would render you inadmissible or even lead to deportation. Of course, not every misstatement or omission constitutes fraud or misrepresentation. Nonetheless, applicants should protect themselves by hiring a lawyer whenever they seek an immigration benefit. Have an attorney gather relevant supporting documents, complete forms, and ensure you tell a single story.
At The Law Office of Jason M. Sullivan, PLLC, we assist those seeking naturalization and citizenship, family-based green cards, and adjustment of status. We can identify any discrepancies in previous filings and correct the record to protect your rights.
Schedule Your Consultation Today
Before filing for a new benefit, applicants should undergo a complete review of their immigration history with an established lawyer. Contact our office to speak with a Portsmouth, New Hampshire or Miami, Florida immigration attorney today.