Legal definition of Adjudication

In common law, judgment is a legal process whereby a court of first instance makes a decision. However, the definition of this term is more specific in immigration law. It refers to a procedure in which a designated body thoroughly examines immigration applications and then, based on its assessment, makes a decision to approve or deny the request. This concept plays a crucial role in the future of an immigrant seeking to regularize their status in a given country.

To adjudicate an immigration application, the immigration service must verify if the file complies with its requirements. It thus examines several aspects of the application, including its eligibility, the authenticity of documents, and finally the burden of proof, which rests on the applicant. These criteria ensure a fair and rigorous evaluation of each request.

In the context of a status application, adjudication refers to the final phase of a lengthy verification process carried out by the relevant authority. In the United States, this task is entrusted to the United States Citizenship and Immigration Services (USCIS). This administrative body initiates adjudication by :

• Initial case review : This step involves a thorough analysis of the application. Through this process, immigration services ensure that the candidate meets all established eligibility criteria. They verify the presence and authenticity of all required supporting documents.
• Background and evidence verification : This stage entails using the Interagency Border Inspection System (IBIS) to conduct comprehensive investigations into the applicant’s background. This includes searching for any relevant records in government databases and verifying the authenticity and validity of the evidence provided by the applicant.
• Decision-making and judgment rendering : After reviewing the information and evidence, immigration services make their judgment. If the application satisfactorily meets all requirements, they approve it by stamping an approval on the file. In case of refusal, a written notice is sent to the applicant explaining the reasons for the refusal and their appeal rights.

Etymology of Adjudication

The legal term “judgment” derives from the Latin verb “jūdĭcare,” which is a combination of the word “jūs,” meaning “law, right,” and “dīcĕre,” which means “to say.” This verb can thus be interpreted as “rendering a judgment, judging.” Based on this etymological explanation, the term “judgment” refers to a sentence pronounced by a court or a judge.