NewsFlash! New Memo Makes it Easier for USCIS to Deny Cases Without First Issuing RFE or NOID

This afternoon, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides officers with more discretion to deny an application or petition without first having to issue either a request for evidence (RFE) or notice of intent to deny (NOID). This memo reverses previous guidance that only allowed a USCIS officer to deny a case without first issuing an RFE or NOID if there was “no possibility” the deficiency in the filing could be corrected by the applicant or petitioner.

Per the accompanying USCIS news release, an officer may now deny a case without first providing the applicant or petitioner with an opportunity to correct the deficiency “[i]f all required initial evidence is not submitted with the benefit request.” Two examples of situations that may warrant a straight denial are provided:

• “Waiver applications submitted with little to no supporting evidence; or
• “Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an affidavit of support (form I-864), if required, was not submitted with an application to register permanent residence or adjust Status (form I-485).”

Murthy Law Firm attorneys are in the process of reviewing and analyzing the memo. A more detailed analysis of the memo will be posted on MurthyDotCom in the near future. Subscribe to the MurthyBulletin to receive future updates delivered to your inbox.

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