From now on, maybe hiring an experienced lawyer is more crucial than ever. U.S. Citizenship and Immigration Services (USCIS) posted a policy memorandum that provides guidance to USCIS adjudicators regarding their discretion to deny a petition without issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).

This policy restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate.

This policy, as USCIS expose, is intended to discourage incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence.  

Under this USCIS policy, an adjudicator may deny an application for insufficient initial evidence if it includes little or no supporting evidence, or no official document is submitted, where the regulation, statute or form requires a submission.

The new policy also restores an adjudicator’s ability to deny an application where there is no legal basis for the benefit/request sought, or a request for a benefit/relief is submitted under a terminated program.

To learn more about this policy, read the full Policy Memorandum about Issuance of Certain RFEs and NOIDs.

Also, if you need help with your application process, contact us! We would be delighted to make your process a lot easier!