USCIS Updates Policy on Disclosure of Derogatory Information

The U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual regarding how and when the agency may disclose derogatory information to benefit requestors before making adverse decisions. The new guidance does not represent a significant shift in policy. Rather, it mainly serves to codify a decision issued by the Ninth Circuit Court of Appeals in 2020 and provides USCIS officers with clearer and more detailed procedures for disclosure of information that may be used against applicants.

Updated Disclosure Framework

As explained in the updated policy, if the USCIS intends to make an adverse decision based on derogatory information that a benefit requestor appears to be unaware of, the agency generally will disclose the information through a detailed description, if permissible.

There are situations, however, where the USCIS cannot release some or all of the derogatory information. The USCIS notes that the agency collects information from many different sources, and the USCIS Policy Manual includes a list of documents and information that it is not permitted to disclose. For instance, the USCIS may not be permitted to disclose information provided by a different government agency or by a third party.

In cases where direct disclosure is not possible, the USCIS may use alternative methods such as requesting the same or substantially similar information from the benefit requestor through a request for evidence (RFE) or during an interview.

Conclusion

As previously noted, this policy update does not make a significant change in policy. Rather, this primarily serves to better detail for USCIS officers how derogatory information must be handled, depending on the nature of the information and its source.

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved