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Thread: Article: Comparing And Contrasting Judgment vs. Discretion and Objective vs. Subjecti

  1. #1

    Article: Comparing And Contrasting Judgment vs. Discretion and Objective vs. Subjecti

    Comparing And Contrasting Judgment vs. Discretion and Objective vs. Subjective in Various Immigration Adjudication Contexts


    The original posted on slideshare. Reprinted with permission.

    About The Author

    Joseph P. Whalen

    Joseph P. Whalen is an independent EB-5 consultant, advocate, trainer and advisor.

    1348 Ridge Rd | PMB 36 | Lackawanna, NY 14218

    Phone: (716) 604-4233


    DISCLAIMER: Work is performed by a non-attorney independent business consultant. It is the client's responsibility to have any and all non-attorney work products checked by an attorney. I provide highly-individualized training based on consultation with my clients. I serve Regional Center Principals and their counsel, potential EB-5 investors, and project developers. I am not an attorney myself although I have trained numerous attorneys and INS/USCIS adjudicators in complex issues within immigration and nationality law when I was an adjudicator there for many years. I do not prepare forms, write business plans, or create economic analyses. I do review them for clients prior to submission and suggest corrections and/or modifications to run by your attorney and investment advisor.

    NAICS Code: 611430 Professional and Management Development Training

    The opinions expressed in this article do not necessarily reflect the opinion of

  2. #2
    Retired INS
    I cannot answer your question, but I do have a comment. I was an immigration manager for 29 years and attended all of the annual adjudications conferences held for the top immigration officials. At one of these conferences we were warned to be very careful not to cite reasons for any favorable discretion we used. If we give a reason for using discretion, we then make that reason a right for others. The INS didn't want to create rights from the voluntary use of discretion. Reasons in court hearings and administrative appeals may be required, but today, when USCIS decides to use discretion, there should be few, if any, reasons given. Especially not in writing. Who is going to protest a favorable grant of discretion?

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