New Policies at USCIS or just Multiple Anomalies

[pushbrk 12,898]

A recent thread, http://www.visajourney.com/forums/topic/304159-visa-denied/page__st__30__p__4597847__fromsearch__1#entry4597847 is the catalyst for starting this one. I've seen what I would term a noticeable increase in what I'll term "RFEIE" 's (Requests for Extensive Initial Evidence) being reported here on VJ and elsewhere. I've also seen a less marked increase in "Standard Interviews" prior to petition approval. It would seem (only educated speculation) that USCIS is upping its game in the ongoing turf war with Consular Services.

I'm seeing this increased activity in cases that fit fraud profiles, the same kinds of cases USCIS is seeing sent back to them with recommendations to revoke petition approval after a Consulate has denied the visa. I've also seen more second denials after reaffirmation lately than I've seen before but that's a less marked increase as well. (not statistics, just observations)

My conclusion is that USCIS is tired of getting their petitions re-adjudicated as to the classification, 201(b) "Alien Spouse of a US Citizen" followed by NOIR reviews, notices, rebuttals, reaffirmations and second visa denials. As a result, they are getting more pro-active in their adjudication of quite a number of cases that will go to high fraud Consulates and that fit common fraud scenarios. They are doing this with RFEIE's asking for pretty much the kitchen sink of evidence we would call "front loading" including full evidence and explanation of each and every potential red flag. They do tend to give more like 90 days to respond to these RFEIE's than the normal 30 days for an RFE.

Opinions? Observations?

Please stay on topic. Though many have "complaints" that's not the purpose for which this thread was started, nor is it to discuss the thread linked at the top. That one has it's own place for discussion.

[Done--Really 331]

Too soon to tell, but I was asked right up front to explain why Costa Rica addresses don't look like addresses--well, they aren't !! They are directions. My wife's address is something along the lines of 300 meters south and 600 meters east of the church, across from the XXX condominiums.

It's possible the initial reviewer had never seen a CR address before, or they were just being more picky--we'll never know. Once I sent a letter with the explanation, they accepted everything and all has been quiet for a little over three months, so I suspect we are getting closer to when more questions might be asked--hope they don't but we are prepared for all possibilities.

Oh yes--why the Mexican flag?? Because my wife is Mexican, but lives in Costa Rica.

Edited April 10, 2011 by magical

[pushbrk 12,898]

Yours was not a request for extensive initial evidence. Your post has NOTHING to do with the subject at hand.

Edited April 11, 2011 by pushbrk

[Done--Really 331]

So true--didn't mean to clutter !!!

[Julie y Pat 67]

I have no opinions or observations at this point, but I am very interested in this topic. I'd like to know more about the "Standard Interview" before petition approval. I'm guessing it's when the petitioner is called to USCIS for an interview, but I wasn't aware that these actually happened. But now that I think about it, I'm surprised they don't happen more often.

Now I'm starting to develop more of an opinion. Could some of these trends be a result of USCIS's own data, such as how many people apply for removal of conditions after being divorced from the petitioner, or applying for naturalization after five years instead of three as a result of divorce.

[pushbrk 12,898]

I have no opinions or observations at this point, but I am very interested in this topic. I'd like to know more about the "Standard Interview" before petition approval. I'm guessing it's when the petitioner is called to USCIS for an interview, but I wasn't aware that these actually happened. But now that I think about it, I'm surprised they don't happen more often.

Now I'm starting to develop more of an opinion. Could some of these trends be a result of USCIS's own data, such as how many people apply for removal of conditions after being divorced from the petitioner, or applying for naturalization after five years instead of three as a result of divorce.

Those could also be considerations but the statistics on petitions returned by Consulate would related more directly to the current trend. Returned petition attract more direct attention than ROC timing.

[Julie y Pat 67]

I'm just saying before the current trends we are noticing, petitions were not often denied, maybe because USCIS felt the Consulate in higher fraud countries were better trained to weed out fraud cases. Sure, they don't like petitions being returned, but even if they approve the returned petition again, the consulate will probably deny the visa again. Maybe USCIS is noticing from their own data that the consulates in higher fraud countries, as vigilant as they are in detecting fraud, are still getting duped. I'm not disagreeing with you, just saying USCIS data will back up what the consulates are saying.

[Julie y Pat 67]

I'm still curious about the standard interviews.

[pushbrk 12,898]

I'm still curious about the standard interviews.

Trying to keep the thread on topic. Maybe ask your question in a new thread.

[mahboula 11]

I've seen what I would term a noticeable increase in what I'll term "RFEIE" 's (Requests for Extensive Initial Evidence) being reported here on VJ and elsewhere. I've also seen a less marked increase in "Standard Interviews" prior to petition approval. It would seem (only educated speculation) that USCIS is upping its game in the ongoing turf war with Consular Services.

I did notice the increase in these RFEIE's. The ones I read about the beneficiaries were from Egypt and Morocco if I remember correctly.

I've also seen more second denials after reaffirmation lately than I've seen before but that's a less marked increase as well. (not statistics, just observations)

My friend and I were just discussing this as well. I only read the cases reported on VJ, so I have no other sources, but it does seem we are reading about more second denials lately. I was surprised that one woman's spouse was actually denied a third time out of Morocco very recently.

[Julie y Pat 67]

Trying to keep the thread on topic. Maybe ask your question in a new thread.

well what's your topic? I'm pretty sure you mentioned standard interviews.

[pushbrk 12,898]

well what's your topic? I'm pretty sure you mentioned standard interviews.

The topic title is, "New Policies at USCIS or just Multiple Anomalies. Yes, an increase in the items listed in the "description" is part of the discussion, but the discussion is about whether the increase is a change in policy or just multiple anomalies, not "what is an...?" anything. Why do you insist on getting off the topic? Start your own if you have a "what is?" question.

Edited April 11, 2011 by pushbrk

[pushbrk 12,898]

I did notice the increase in these RFEIE's. The ones I read about the beneficiaries were from Egypt and Morocco if I remember correctly.

My friend and I were just discussing this as well. I only read the cases reported on VJ, so I have no other sources, but it does seem we are reading about more second denials lately. I was surprised that one woman's spouse was actually denied a third time out of Morocco very recently.

Yes, Egypt and Morocco are prime locations from which I see this change coming but the cases also fit common fraud profiles.

[Suzy!Q 2]

Can you describe a common fraud profile? I don't know what it is...

[redsnap 13]

Can you describe a common fraud profile? I don't know what it is...

A couple that has a 30 year age difference (especially if the woman is older), when one of the spouses is from a really poor country, when people get married on their first meeting... Basically everything that looks suspicious, I think.