USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny(merged)

[JC&BS 75]

Just now, Cyberfx1024 said:

Ok, that is pretty rare to say the least.

I hope so. 

 

I worry a lot.

[debbiedoo 2,339]

16 minutes ago, JC&BS said:

I hope so. 

 

I worry a lot.

 

my flight tomorrow might fall out of the sky.

 

probably wont.

 

worrying doesnt help anything.

[Lucky2Lucky 2,526]

For those of us that are genuine in our relationship and take time to read what is required for evidence/petition/application for one of the most important paperwork’s/submissions of our lives I would hope people submit what is needed the first time around. Rfe’s makes more work for the officers to do which results in longer waits for everyone else when they are dealing with bs applications. 

[Pennycat 880]

3 minutes ago, Luckycuds said:

For those of us that are genuine in our relationship and take time to read what is required for evidence/petition/application for one of the most important paperwork’s/submissions of our lives I would hope people submit what is needed the first time around. Rfe’s makes more work for the officers to do which results in longer waits for everyone else when they are dealing with bs applications. 

That's all well and good until it is USCIS's own error that causes the RFE (which is what happened to us, and I have the response from USCIS to my Congressman admitting error to prove it), and now it looks like they can just straight up deny instead of ask for the evidence not required/ they already have. So, great. If this policy had been in place, instead of getting an RFE and getting help telling USCIS where they put their own effing piece of paper, my newlywed husband would have been just put into deportation proceedings? Not good.

[VisaCode 72]

While I understand the reason and intent behind this change, there will undoubtedly be more than zero people who totally get screwed by it, either because of a simple mistake or possibly even through no fault of their own. Like much of US immigration policy, it's unfortunate that a few bad apples can cause added headaches for people legitimately trying their best to comply with the rules. But that's the system we've got. This certainly isn't a malicious change just for the sake of making things more difficult like the article tries to make it appear. But I wouldn't call it "good news", either.

[Crazy Cat 41,893]

2 minutes ago, VisaCode said:

While I understand the reason and intent behind this change, there will undoubtedly be more than zero people who totally get screwed by it, either because of a simple mistake or possibly even through no fault of their own. Like much of US immigration policy, it's unfortunate that a few bad apples can cause added headaches for people legitimately trying their best to comply with the rules. But that's the system we've got. This certainly isn't a malicious change just for the sake of making things more difficult like the article tries to make it appear. But I wouldn't call it "good news", either.

It is good news if it clears the "place holder" and frivolous cases out of the pipeline.

[florida racer 73 200]

5 minutes ago, VisaCode said:

While I understand the reason and intent behind this change, there will undoubtedly be more than zero people who totally get screwed by it, either because of a simple mistake or possibly even through no fault of their own. Like much of US immigration policy, it's unfortunate that a few bad apples can cause added headaches for people legitimately trying their best to comply with the rules. But that's the system we've got. This certainly isn't a malicious change just for the sake of making things more difficult like the article tries to make it appear. But I wouldn't call it "good news", either.

But If you read the instruction and follow them this will not happen, check, double check and triple check before sending, this is the petitioners responsability, not uscis.

Edited July 17, 2018 by florida racer 73

[VisaCode 72]

1 minute ago, missileman said:

It is good news if it clears the "place holder" and frivolous cases out of the pipeline.

You're welcome to your opinion. For me, that is a plus, but still not enough to make it good news. I don't foresee adjudicators really gaining that much time from this that it's going to materially speed up processing times.

[VisaCode 72]

2 minutes ago, florida racer 73 said:

But If you read the instruction and follow them this will not happen, check, double check and triple check before sending, this is the petitioners responsability, not uscis.

Yeah and if you've never measured twice, cut once, and still screwed something up, you're better than any person I've ever met. Bully for you.

[Crazy Cat 41,893]

1 minute ago, VisaCode said:

You're welcome to your opinion. For me, that is a plus, but still not enough to make it good news. I don't foresee adjudicators really gaining that much time from this that it's going to materially speed up processing times.

I'm sure the attorneys love the change.  It provides them with new "scare material" to drum up more filers.

[Crazy Cat 41,893]

3 minutes ago, VisaCode said:

Yeah and if you've never measured twice, cut once, and still screwed something up, you're better than any person I've ever met. Bully for you.

You were in the military......If you are over-prepared, you are fully prepared.....should be every filer's goal.

 

EDIT:  I think this change is targeting those people who just want to throw something at the immigration in order to give them some breathing space....those folks shouldn't be filing, anyway.

Edited July 17, 2018 by missileman

[Pennycat 880]

6 minutes ago, florida racer 73 said:

But If you read the instruction and follow them this will not happen, check, double check and triple check before sending, this is the petitioners responsability, not uscis.

We did. USCIS made the mistake that led to our RFE, not us. This was endemic at the time, and I'm not sure they've fixed it. I'd say 25% of K1 filers got the medical RFE. Instead of being able to point out to USCIS where specifically in their instructions they specifically say that K1 visa holders do NOT need to submit the medical forms for AOS, my husband would have been in deportation hearings through no fault of our own. 

[Pennycat 880]

And just for as much proof as I can give, here is the email they sent my Congressman (emphasis mine)

 

Quote

 

Thank you for your inquiry on 08/17/2016 on behalf of your constituent, XXXXX, concerning his I-485 Application to Register Permanent Residence or Adjust Status.

 

We sent him a request for evidence to submit a new I-693 medical form. This was sent in error. His original overseas medical report was in a related file at the time the request for evidence was issued. The related file has now been received by the XXXX Field Office and the original medical attached to the I-485 application.

 

The I-485 has now been placed back into the normal processing. The next step will be this case will be assigned to an officer, a full review completed, and a decision issued. We cannot say at this time how long that will take. If Mr. XXXs work or travel authorizations are within three months of expiration he should file new forms to renew them. Please allow 90 days to pass before submitting another inquiry. 

 

 

They messed up and they admitted it. I knew they'd messed up, not me. I had the time to tell them so and have them fix their own mistake.  New rules, husband goes right into deportation proceedings. Again, USCIS using a hammer where they need a scalpel. I am ALL FOR getting the placeholder idiots out of the line. 100%. But this really isn't the way when USCIS makes these kinds of mistakes.

[Unidentified 2,930]

16 minutes ago, missileman said:

You were in the military......If you are over-prepared, you are fully prepared.....should be every filer's goal.

 

EDIT:  I think this change is targeting those people who just want to throw something at the immigration in order to give them some breathing space....those folks shouldn't be filing, anyway.

Exactly! Like I said earlier: you shouldn't file until you're ready to file. You're just wasting your own time and the precious time of others as well. 

[VisaCode 72]

5 minutes ago, missileman said:

You were in the military......If you are over-prepared, you are fully prepared.....should be every filer's goal.

 

EDIT:  I think this change is targeting those people who just want to throw something at the immigration in order to give them some breathing space....those folks shouldn't be filing, anyway.

That does seem to be the primary target and motivation. But if you read the memo itself, it lists 2 classes of cases that it advises cases be denied: 1) Statutory denials, and 2) Denials based on lack of sufficient initial evidence. Under the second class based on lack of evidence, it gives the example of:

 

Quote

For example, family-based or employment-based categories where an Affidavit of Support (Form I-864), if required, was not submitted with the Application to Register Permanent Residence or Adjust Status (Form I-485).

Now, that might seem like a very big oversight. At the same time, thinking back to when I was putting together my packet to send to my fiance for the embassy and had everything laid out on the table in triplicate putting the packets together (2 to send to her [That old military thing: two is one, one is none*], and one for my records) it was quite the task keeping everything straight. And even after checking and re-checking, once I mailed the packages, I kept second-guessing whether all the right documents had made it into the correct envelopes. Because Murphy's Law is real, someone is going to get screwed. No doubt about it.

* Fun fact: only one package made it. The other is still lost in the system somewhere.