---
title: "Record the chance to rebut derogatory information before a benefit is denied"
url: "https://ailawframework.com/practice/immigration-and-migration-law/record-the-information-a-visa-applicant-was-invited-to-comment-on/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A30-FL20261022-14-US"
practice_area: "Immigration & Migration Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record the chance to rebut derogatory information before a benefit is denied

> 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…

Canonical page: https://ailawframework.com/practice/immigration-and-migration-law/record-the-information-a-visa-applicant-was-invited-to-comment-on/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Immigration & Migration Law](https://ailawframework.com/practice/immigration-and-migration-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Record the information a visa applicant was invited to comment on](https://ailawframework.com/practice/immigration-and-migration-law/record-the-information-a-visa-applicant-was-invited-to-comment-on.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The rebuttal chance is for derogatory information the person does not know about. It is not a general invitation to comment on the whole file.
- Do not describe the exceptions in paragraphs (ii), (iii), and (iv). They were not extracted.

## Sources

- [8 C.F.R. § 103.2, submission and adjudication of benefit requests](https://www.law.cornell.edu/cfr/text/8/103.2) (checked 2026-10-22)
- [8 U.S.C. § 1182, inadmissibility, including fraud or willful misrepresentation](https://www.law.cornell.edu/uscode/text/8/1182) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*