2018 USCIS’ Updates on Requests for Evidence and Notices of Intent to Deny

Receiving an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) from USCIS (U.S. Citizenship and Immigration Services) would be considered normal.  This allowed applicants to submit additional documents USCIS before ruling on the case. It was custom for USCIS to send RFEs or NOID to all applicants if additional evidence was required. Unfortunately, a new USCIS memo discusses the discretion given to USCIS officers to deny applications without issuing RFEs or NOIDs first. What does this mean for future applicants? USCIS will continue to issue denials without issuing an RFE or NOID first. It is crucial that applicants seek legal advice and have a professional review the facts of the case. Submitting applications with wrong information or under the wrong statutory rules will be denied. A legal professional will make sure all supporting documents and required information is provided to USCIS.Prior to this memo, USCIS would send RFEs or NOIDs if additional evidence was required to prove applicant qualified for the immigration benefit. Now, USCIS has the discretion of denying the application without sending an RFE or NOID. This policy will apply to all applications submitted after September 11, 2018.

USCIS officers have the discretion of verifying information and looking up information in databases or systems provided for them. Some of the information required may not be available to the public, and USCIS officers may look for this information on their own accord before issuing an RFE.

If issued an RFE with this new policy make sure all requested information is included and answered before the deadline. Such as officers are required to limit issuing one RFE with all foreseeable evidence to be needed. As the applicant failing to respond with all required evidence may result in a denial of the application.

If issued a NOID the applicant has the opportunity to review and rebut derogatory information. The applicant would be given up to the maximum 30-day deadline allowed to respond.

It is important to note that USCIS officers should only be asking for information pertaining to the qualification of such immigration benefit. Which is why it’s important to consult with an attorney before submitting an application to USCIS.