Two Precedent Decisions Issued by USCIS

Two Precedent Decisions Issued by USCIS

scales of justiceThe U.S. Citizenship & Immigration Services (USCIS) via its Administrative Appeals Office (AAO), issued two (2) precedent decisions yesterday.  Those decisions are published by the Board of Immigration Appeals (BIA) as part of the U.S. Department of Justice (DOJ).

Furthermore, those decisions are binding on all USCIS and DOJ personnel for deciding cases.  The precedents that were set established rules and reasonings for deciding future cases with the same or similar fact patterns.  The decisions are published under the precedent decisions section of the BIA’s website.

The first case, Matter of Al Wazzan, 25 I&N, Dec. 359 (AAO 2010), the AAO ruled that in regards to an employment based application for adjustment of status to permanent residence, the underlying employment based petition for which the adjustment of status is based on, must be valid initially if it is to remain valid with respect to new employment.

The second case, Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010), the AAO clarified the definition of employment by an American firm or corporation to preserve an applicant’s continuous residence in the United States for the purposes of naturalization.

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