New USCIS Policy Guidance for Requests for Evidence RFE and Notices of Intent to Deny NOID

New USCIS Policy Guidance for Requests for Evidence RFE and Notices of Intent to Deny NOID
immigration

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) made public a policy memorandum (PDF, 113 KB) (PM) effective September 11, 2018, that gives guidance to USCIS adjudicators in their discretion to not approve applications/petitions without first having to issue a Request for Evidence RFE or Notice of Intent to Deny NOID when the required supporting documents are not included or the supporting documents do not prove eligibility for the requested benefit.

This updated guidance pertains to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals DACA.  Due to continued litigation in California and New York, this new policy memorandum doesn’t change policies and practices that apply to DACA requests.

This new policy restores the power and discretion of USCIS adjudicators to be able to deny applications, petitions without first having to issue an RFE or NOID.  The policy will discourage frivolous or incomplete filings and should encourage petitioners, applicants, and requestors to submit fully documented applications/petitions.

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