What is a “Prima Facie Determination”?

As you review this information, please understand that I am an IMMIGRATION LAWYER and not a specialist in U.S. government benefits. IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THE SPECIFIC PROGRAMS BELOW, PLEASE DIRECT THEM TO THE RELATED GOVERNMENT AGENCIES, NOT TO MY OFFICE.

If you file an I-360 Petition for Amerasian, Widow(er), or Special Immigrant, you may receive a letter in the mail from USCIS that is titled “Prima Facie Determination” … pronounced “PRY-MUH FAY-SHUH.” While this letter does NOT mean that your case has been approved, it is a good sign that you have passed the first part of the eligibility screening test and that you are on track for approval. The letter will also go on to explain that:

• The Determination is valid for a period of one year from the date on the notice and that is will expire on the date indicated;
• USCIS expects that a final decision will be made before the expiration of the one year validity period;
• If a final decision is not made before the expiration of the one year validity period, you will automatically receive an extension within 60 days of the ending date;
• While you are waiting for a final decision, the Notice may be used to assist you in receiving public benefits during the one year validity period; and
• You may obtain further information by calling the National Domestic Violence Hotline at (800) 799-7233 OR (800) 787-3244 (TDD for the Deaf).

But what exactly does “Prima facie” mean, and what if anything can I do with this “Determination”?”

Prima facie” is a Latin term that has been adopted and widely used in U.S. law that means “at first appearance.” In this context, it means that USCIS has decided that you have submitted enough evidence to technically qualify for an approval of your I-360 petition. Another way to view this is that USCIS has “pre-qualified” you for approval.

Special Note. The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on the information presented in this blog to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced U.S. Immigration Lawyer.

As you review this information, please understand that I am an IMMIGRATION LAWYER and not a specialist in U.S. government benefits. IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THE SPECIFIC PROGRAMS BELOW, PLEASE DIRECT THEM TO THE RELATED GOVERNMENT AGENCIES, NOT TO MY OFFICE.