What might prompt USCIS to pursue a certification of a case?

USCIS may pursue a certification of a case primarily when there is conflicting legal authority. This situation arises when different interpretations or applications of the law exist, potentially leading to inconsistent outcomes for similar cases. By certifying a case, USCIS seeks to clarify the legal issues at stake and ensure uniformity in how the law is applied, which is crucial for maintaining fairness and consistency within the immigration process.

In contrast, routine cases usually do not warrant certification as they typically follow established guidelines and precedents without any significant legal ambiguity. Exceedingly simple issues also don’t generally require certification because they can be resolved through established procedures without needing higher review or clarification. Minor clarifications often do not rise to the level of complexity or legal conflict that necessitates certification, allowing these cases to be managed without escalating the review process. Therefore, the presence of conflicting legal authority serves as a critical catalyst for seeking certification to resolve overarching legal questions impacting the decision-making framework.