USCIS RFE Guidance memo

USCIS RFE Guidance memo

July 13, 2018 Memo titled “Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b)”
Date effective – September 11, 2018

This policy memo was issued to provide guidance to USCIS officers regarding the discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not submitted or if the evidence in the record does not establish eligibility. It rescinds the June 3, 2013 PM titled “Requests for Evidence and Notices of Intent to Deny” (2013 PM) which provided that an officer should issue an RFE in most circumstances unless it was clear that no document could be provided that would cure the deficiency in the filing.

Under the new policy, the officer is no longer required to issue an RFE or NOID first. They can deny cases directly “for failure to establish eligibility based on lack of required initial evidence.” This could affect all types of employment-based and family-based cases which are missing forms or other required documentation. USCIS has said that this change is being made mainly to deter people from filing frivolous or “place-holder” petitions but it remains to be seen as to how they will implement this policy. It is imperative that all petitions should be filed with all the required documents as there may not be a chance to correct them or provide additional documents, under this memo.

Please contact our office to schedule a consultation if you would like more information on the above policy memorandums and to discuss how it might affect you.

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