Record the chance to rebut derogatory information before a benefit is denied
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the lawyer has marked derogatory information that the applicant or petitioner does not know about, record that if the decision will be adverse and is based on that information, the person shall be advised of that fact and offered an opportunity to rebut the information and present information in the person's own behalf before the decision, except as provided in the paragraphs the regulation names. Record that any explanation, rebuttal, or information presented is included in the record. Do not describe the exceptions. Do not draft the rebuttal. Do not decide the benefit.
- What the lawyer must review
- The lawyer decides whether the information is unknown derogatory information and whether an exception applies. 8 C.F.R. § 103.2(b)(16)(i) states the opportunity to rebut. It excepts paragraphs (b)(16)(ii), (iii), and (iv). Those paragraphs were not set out in the working extract, so the tool does not say when the opportunity is withheld. 8 U.S.C. § 1182(a)(6)(C)(i) is one ground that can be the unknown information: fraud or willful misrepresentation of a material fact in seeking a visa, admission, or other benefit. The tool does not decide that the ground is met and does not draft a response.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.