The U.S. Citizenship and Immigration Services (USCIS) has implemented a new policy allowing officials to deny certain applications, such as green card requests, without offering applicants a chance to provide missing evidence first. This policy came into effect on August 5. It grants officers the discretion to reject immigration benefit requests when applicants do not include necessary initial evidence or fail to prove eligibility at the filing time. According to USCIS, this change aligns with existing federal regulations and applies to both pending and new benefit requests.
USCIS Spokesman Zach Kahler mentioned to Newsweek, “U.S. Citizenship and Immigration Services has restored immigration officers’ authority, which already existed under regulation, to immediately deny immigration benefit requests that fail to follow instructions or fail to demonstrate eligibility for the benefit at the time of filing.” The updated guidance impacts various immigration benefits, including green cards, work permits, and citizenship applications. While officers can still issue Requests for Evidence (RFEs) or Notices of Intent to Deny, these steps are no longer generally required before denying applications missing required documentation or failing to establish eligibility.
An RFE is a formal notice requesting additional documents or clarification before a decision is made. It has provided applicants an opportunity to address omissions rather than refiling the application.
Stephanie Lewin, a partner at Waypoint Immigration USA, commented that the change could significantly impact green card applicants, as it applies not only to new filings but also to ongoing cases. She noted that applications adjudicated after August 5 might face outright denial if proper evidence was not submitted initially. “That’s an incredible loss of time and money,” Lewin told Newsweek.
This policy shift is the latest in USCIS adjudication changes. Under President Donald Trump in 2018, the agency expanded officers’ authority to deny applications without first issuing an RFE. The Biden administration revised this in 2021, directing officers to provide applicants a chance to rectify deficiencies by issuing an RFE or Notice of Intent to Deny before rejection. USCIS indicated that the recent change aligns agency practices with long-standing federal regulations. It aims to discourage incomplete or “placeholder” filings that may hinder processing for other applicants. The agency observed some applicants using incomplete filings to secure related immigration benefits, such as employment authorization, during pending decision periods.
The policy enacts several additional changes. Officers need not provide the maximum 12-week response period for RFEs, although the regulatory limit remains. USCIS also ceased offering an extra 14 days for responses to overseas-mailed notices, retaining only a standard three-day mailing allowance. The agency clarified that responses to RFEs or Notices of Intent to Deny, even if incomplete, might lead USCIS to issue a decision based on the current record.
Immigration attorneys noted the potential significance of this change for applicants who overlook necessary documents. In a LinkedIn post, attorney Xiao Wang pointed out the heightened denial risk for green card, work permit, and citizenship applicants who miss initial evidence. “The old policy gave you a second chance to fix a gap. That second chance is now at the officer’s discretion,” Wang wrote.
Lewin warned that family-based applicants and others filing without legal representation might be particularly affected, as many fail to include all supporting evidence. This might include marriage-based green card applications lacking valid marriage proof or affidavits of support missing financial documentation. Lewin also cautioned that the policy might impact individuals maintaining lawful status after job losses, who filed to change immigration status expecting further evidence submission later. “This is truly a precarious time for those individuals who have done everything legally and lawfully to remain in status,” Lewin said. “One missing document could completely upend their immigration journey in the U.S.”
The policy immediately impacts benefit requests pending as of August 5, 2023, and new applications submitted thereafter.
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