What action may USCIS take regarding an AAO non-precedent decision?

The action that USCIS may take regarding an AAO non-precedent decision is to adopt the decision. When an AAO issues a non-precedent decision, it does not create binding authority on future cases, meaning it is not mandatory for USCIS officers to follow in subsequent adjudications. However, USCIS has the option to adopt a non-precedent decision in a specific case, which can then provide guidance and maintain consistency within the agency's processing of similar cases.

This adoption recognizes the reasoning and conclusions drawn in the non-precedent decision, allowing for its application in the context of the specific case being considered, thereby enhancing the consistency of decisions made by USCIS officers. Adopting the decision can also provide clear interpretation of the applicable laws or regulations as they apply to the circumstances of the case at hand.

In contrast, rescinding, ignoring, or amending a non-precedent decision are options that do not hold the same procedural implications as adoption. Rescinding would mean undoing the decision completely but does not serve to establish the decision's applicability to other cases. Ignoring the decision implies that USCIS would not take it into account, which does not contribute to the consistency of adjudications. Amending a