Can USCIS Automatically Deny My Application?

 In Family Based Immigration

Why Can USCIS Automatically Deny My Application?

Are you or a family member submitting an application (Citizenship, Application for permanent resident/ adjustment of status, U-visa, Application to Petition for an Alien Relative) to USCIS? If you are take note of the following change in policy:

On July 13, 2018 U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum restoring full discretion to USCIS officers whether or not to issue Requests for Evidence or Notices of Intent to Deny.

Effective September 11, 2018 USCIS officers have full discretion to deny applications, petitions, and requests without first issuing a Request for Evidence or a Notice of Intent to Deny when appropriate. This policy applies to all applications, petitions, and requests received after this effective date.

As a result of this change, USCIS officers have full discretion to completely reject an application or petition if the documents submitted does not establish eligibility for the immigration benefit or is incomplete.

Prior to this policy change USCIS adjudicators were required to send Requests for Evidence if the deficiency or ineligibility can be cured by submission of additional evidence, unless there was “no possibility” it could be cured.

Now however, the “no possibility” standard has been rescinded and adjudicators have the liberty to deny an application without sending a request for evidence to cure the deficiency. Applicants and petitioners now face the risk of getting their applications denied without an opportunity to submit evidence to prove eligibility or cure any deficiencies.

Therefore, it is vital for applicants and petitioners to seek advice from an immigration attorney to ensure diligence and accuracy in collecting and submitting the required evidence for specific applications.

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