The policy memorandum at hand is an addition to Policy Memorandum 602-0108. The purpose of the new memorandum is to guarantee the correct use of the Settlement Agreement from Duran Gonzalez, et al. v. Department of Homeland Security. The two issues addressed in the new memorandum are as followed: 1) Should a Class member's applications for adjustment of status and consent to reapply be denied if a Class member fails to show reasonable reliance on Perez-Gonzalez v. Ashcroft? 2) Should USCIS deny a Class member's adjustment and consent to reapply applications if the Class member is also admissible under section 212(a)(9)(C)(i)(I) of the Act for unlawful reentry without admission after prior unlawful presence?
The memorandum explains that USCIS officers and attorneys from the Office of the Chief Counsel (OCC) should be working hand-in-hand due to the many legal issues. In addition, the office must send an acknowledgment of a request for a new verdict to the Class member. The Appendix attached to the new memorandum provides "Step-by-Step Determinations" for USCIS officers in performing their duties. The Appendix first provides a checklist to determine if the foreign national is a Class member. The Appendix contains 14 steps through which the USCIS officer must work to determine if the foreign national is to be considered a Class member. If he/she is a Class member, the USCIS officer proceeds to determine the subclass membership of the Class member. After completing the according Subclass Membership checklist, the USCIS officer ultimately approves or disapproves the waiver.