What is the AAO's standard of review?

The AAO, or Administrative Appeals Office, applies the standard of review known as "De Novo Review." This means that the AAO reviews the appealed decision afresh, without deferring to the original decision made by USCIS. Under De Novo Review, the AAO examines all of the evidence and legal arguments presented in the case as if it were being reviewed for the first time. This standard allows the AAO to make a completely independent determination regarding the merits of an application or petition.

In contrast, other standards of review imply different approaches. Adjudicative Review typically involves evaluating the existing record while giving some weight to the prior decision. Prima Facie Review would constitute an evaluation based on whether a case has an obvious basis for approval, but not necessarily a full review of all evidence. Ipso Facto Review refers to a situation where the effect is automatically derived from the nature of a situation without the need for further examination or analysis, which does not accurately apply to the AAO’s role in thorough examination of appeals. Understanding the De Novo standard is crucial for comprehending how the AAO operates, particularly in cases where applicants may seek a fresh perspective on their immigration matters.