Houston Business Litigation and Employment Law attorney Lee Solomon offers comprehensive business planning, employment law, business law and litigation and immigration services to corporate clients Throughout Texas and across the United States at www.thesolomonlawfirm.com. The USCIS won’t tell the public all of the rules, but the redacted version of the Field Manual gives us a lot insight. An experienced immigration attorney can help you develop a strategy for dealing with those bumps in the road that your case has hit. Contact us today.
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USCIS – United States Citizenship and Immigration Service
So we are talking about the person who holds a lot of power over your
immigration matter. The USCIS won’t tell the public all of the rules, but
this redacted version of the Field Manual, as they call it, or instruction
manual, as we might call it, gives us a lot insight.
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» What we have provided at the bottom of this article is a link to the online
version of the field manual. We are doing it this way because the manual
is updated with some regularity, and we want the most current version to
be available if you wish to read rules that apply to your case.
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One important thing to keep in mind is that there are many
adjudicators who work for the USCIS. Adjudicators are human beings.
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» Each person is limited not only by his or her unique ability to read and
understand instructions, and by errors that they might make in
interpreting and applying the rules, but also by their emotions.
Have you ever noticed a difference between decisions made by a
policeman who was in a good mood and one who was angry or
apparently having a bad day when you were stopped for speeding? The
policeman has some discretion in how to apply the law; adjudicators
sometimes have the same kind of discretion.
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Many times it is the petitioner or applicant for an immigration benefit
who makes an error that causes a delay or a denial in a case. Without
question, however, an adjudicator is also capable of making an error
when handling a case.
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» If this happens to you, it will do no good to get angry about it. Cases are
usually won when common sense and good judgment are used in
conjunction with a sound strategy for challenging and overcoming the
error.
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We are usually contacted by someone who wants to file an appeal
when they believe an error has been made in their case. Sometimes an
appeal is appropriate, but sometimes an appeal is not a good strategy.
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» As illogical as it sounds, sometimes the fastest and surest way to
overcome an error is to forget about an appeal and start the process
anew.
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An experienced immigration attorney can help you develop a strategy
for dealing with those bumps in the road that your case has hit, but any
chance of developing a winning strategy requires that the attorney be
able to see your documentation and understand exactly what happened
in your case, so be prepared to send the full package to the attorney.
In the meantime, you can follow this link to the USCIS Adjudicator’s Field Manual:
http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1.html