USCIS Explains New Policy on Discretionary Application Denials

Beginning September 11, 2018, USCIS immigration officers will have more discretion to issue petition and application denials without first issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). On September 6, 2018, the Ombudsman’s Office provided further details on the new policy change. The following was noted: The new policy takes effect on September 11, 2018, and will apply to applications received by USCIS on or after September 12, 2018. Adjudicators have full discretion to issue denials where the initial evidence submitted does not establish eligibility or there is no possibility of approval based on the evidence submitted. The new policy is not meant to penalize those who make innocent mistakes or who misunderstand the requirements establishing eligibility, but is intended to promote complete filings so resources can be allocated to timely adjudicate petitions. If the initial required evidence is missing, adjudicators will determine whether…

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