En esta noticia
Immigration applicants in the United States face a stricter standard when submitting applications for immigration benefits under a USCIS policy change that gives adjudicators greater discretion to deny certain cases without first requesting additional evidence.
The updated guidance reinforces the responsibility of applicants and petitioners to submit the evidence needed to establish eligibility when they file. In cases where the required initial evidence is missing or the existing record does not establish eligibility, USCIS officers may be able to deny the application, petition or request without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).
What is changing at USCIS?
An RFE is a notice USCIS sends when an officer needs additional evidence or information before making a decision. A NOID, meanwhile, gives an applicant or petitioner notice that USCIS intends to deny a benefit request and provides an opportunity to respond.
Under the updated guidance, officers have broader discretion to make a decision without using either of those steps when the case meets the conditions established under federal regulations.
USCIS says the policy is intended to discourage frivolous or substantially incomplete filings, including applications submitted as placeholders, and to encourage applicants to provide complete documentation from the beginning.
The agency also emphasizes that the burden of proof remains with the person requesting the immigration benefit. Applicants and petitioners must establish that they are eligible for the benefit they are seeking.
Which applications could be denied without an RFE?
The policy does not mean USCIS can automatically deny any application that contains a missing document.
Federal regulations allow USCIS to deny a case without an RFE or NOID in certain circumstances, including when there is clear evidence of ineligibility or when the applicant has failed to provide evidence that regulations or form instructions specifically require at the time of filing.
For example, USCIS guidance identifies situations in which a required initial document has not been submitted and the missing evidence is essential to establishing eligibility. The agency has explained that officers can exercise discretion based on the circumstances of the case rather than automatically giving every applicant an additional opportunity to supply missing evidence.
That means applicants should not assume that USCIS will always send a letter asking them to correct an incomplete filing.
USCIS says the policy is not intended to punish simple mistakes
Although the new approach gives officers more discretion, USCIS says the purpose is not to penalize people for innocent mistakes or misunderstandings about the evidence required.
The agency’s guidance instructs adjudicators to consider factors such as whether the missing evidence resulted from an innocent mistake and whether the applicant or petitioner made an effort to comply with the relevant form instructions and legal requirements.
In other words, the change does not eliminate the possibility of receiving an RFE. USCIS can still request additional evidence when the circumstances warrant it.
The key difference is that applicants should no longer assume an RFE will necessarily come before a denial.
Why the change matters for immigrants
For people applying for permanent residence, employment-based benefits, family petitions or other immigration benefits, submitting a complete application has become even more important.
A missing document that might previously have resulted in an RFE could, depending on the circumstances, contribute to a denial if the record does not establish eligibility and the case falls within the situations covered by the regulation.
USCIS says the policy is intended to improve efficiency by allowing officers to focus resources on adjudicating cases rather than repeatedly seeking evidence from applicants who have not met the filing requirements.
The agency also expects more complete filings to discourage placeholder applications and help streamline case processing.
What immigrants should do before filing
Applicants should carefully review the instructions for the specific USCIS form they are submitting and make sure all required initial evidence is included with the filing.
This is particularly important when a form’s instructions specifically require a document to establish eligibility at the time of filing. USCIS has stated that cases missing such required evidence can, in appropriate circumstances, be denied without an RFE or NOID.
Applicants should also keep copies of the complete filing and supporting documents and make sure the information in the forms is consistent with the evidence submitted.