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

[AshMarty 360]

9 hours ago, EmmNM said:

But you were responsible. You planned for that. And you worked it out. We all have tough times but we work hard and deal with them. I'm also willing to bet you made far more than $20,575 (2 person 125%) when you petitioned for her. I have no idea how someone only making $20,575 can afford this process. It would be extremely difficult to get by on that salary and then you have to make international trips to get married or to meet your significant other?

That is how much our "small intimate back yard type" wedding cost during the K1. Hahaha.  Then we purchased two cars (one unexpected because of an accident that wasn't our fault), paid for a small roof repair on my house (still cost over a 1,000 dollars), and then immigration. Life is expensive and it is probably good to be prepared for it (as much as possible). I picked up a PRN position on top my my full time job (that makes well over the poverty limit) and my husband picked up an extra building project in Australia, before moving over (on top of his regular full time job to save).  We thought that first year would be expensive but until you live it. Haha. 

[Nitas_man 3,100]

Not one single member here is anti-immigration.  Many of us feel that the rules are in place for a reason and that the rules have to be followed - and we apply these rules to ourselves while expecting others to abide by them.  These are our laws - good or bad.

[GazLisa 1,168]

So came here too America on a K1 Visa in September,successfully navigated the k1 experience without receiving a RFE without a lawyer,just me and the wife filled out all necessary forms,and we recently finished our application for EAD and AP along with AOS papers,received and RFE as my birth certificate didn’t include the Uk 🇬🇧 official stamp due too a photocopy error,they received the RFE and we subsequently received my EAD card and travel authorisation.

My wife hasn’t needed too support me financially whilst I was unable to work as I lived off savings I have back in England being wire transferred here,although she easily clears the poverty line required.And I’m still living off my savings as I have only started my new job in USA 2 weeks ago 

December this year I will have to renew my EAD card as I think you have to renew 180 days before expiry,so under these rules I make one tiny error such as the aforementioned photocopy error,they won’t send me a RFE request and I will be denied straight away and deported back too England 😓😓 mistakes do happen that aren’t always seen straight away,we triple checked our AOS apllication and still missed the birth certificate error.

Edited July 21, 2018 by GazLisa

[Ben&Zian 4,398]

On 7/19/2018 at 9:38 PM, Cyberfx1024 said:

I do work for the U.S. and I have been around here and around the world awhile. Why can't I be on this site if I am pro-Trump, do you think that Trump hates legal immigrants? This site helped me bring my wife here, AOS, ROC, and finally Naturalized. So you can stop that bs.

 

Apparently I read the actual statement and the facts of memos/policy changes that are released instead of just following along some clickbait propaganda piece. 

 

Ding ding. People on this site I think tend to think we all are left leaning/liberal/democrats... when in fact, a lot of us on here are way on the other side and support Trump, immigration reform, ect. 

 

I'm amazed this thread is still going lol.

Edited July 23, 2018 by Ben&Zian

[Cyberfx1024 7,980]

42 minutes ago, Ben&Zian said:

 

Ding ding. People on this site I think tend to think we all are left leaning/liberal/democrats... when in fact, a lot of us on here are way on the other side and support Trump, immigration reform, ect. 

 

I'm amazed this thread is still going lol.

Exactly my point and I am amazed as well.

[TM92 527]

On 7/15/2018 at 5:42 AM, missileman said:

To me, it seems it would affect any case that is in progress on the effective date.  Technically, RFEs can be issued at any stage.  Mainly,these kinds of cases would be affected:

• Waiver applications submitted with  little to no supporting evidence; or
• Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

I believe the people they are targeting usually file in order to "beat the clock" or just to get their "foot in the door" knowing that RFEs just kick the can down the road...and could be strung out over a much longer time to avoid legal proceedings...in these cases, this policy just quickens the inevitable.....just my opinion.

Looks like I got a false-positive back in January even though this is a "recent" policy change:

But my AOS is going well now, so no sweat

Edited July 23, 2018 by TM92

[A&H2018 146]

What is with all the partisan anger so much on here? I guess its a reflection of current american political scene where everyone wants the upcoming midterms to be a partisian race. Majority of the discussions these days already have three viewpoints, left/right/trump's-way. Seems anytime we start an actual discussion on here about these issues it rolls into "trump is always right why question the intentions" or "you are a lefty hating trump", both USCIS and petitioners make mistakes as well no one is perfect. You can support right wing policies and think the Trump administration over reaches, you can support left wing policies and read cnn while also wanting to fight illegal immigration. I would like to think VJ should have some of the most open-minded individuals since majority of the people on here have seen different parts of the world. Anyways...

 

Some interesting points brought up. Increasing the i864 amounts. Previously I made rather silly comment like this before and I think a few posters correctly reminded me thats not the point of the process. It does make little sense to say let's go from 125% to 250%. Because the 125% is the based off poverty guidelines which is based on the same statistics the administration should have access to. A change stated like that would say they disagree and think the the poverty guidelines are fake news so while myself and many posters on here that very well is true I think the government's own statisticans should be able to verify this. Canada actually follows a very similar guideline as with LICO. Someone mentioned Australia and it being expensive, the information I could find online is that Australia uses the same style system as well, maybe their statistics are just more harsh? Guess the point is not everyone is doing AOS from a major city and you cannot just raise it because the people in 10 cities can't buy ramen and live somwhere for the poverty guideline. What about those in small towns who can never earn a high enough wage but their town has a much lower COL etc...

 

Think the most sensical thing is to increase the applicaiton fees. Since as mentioned there is a "waiver process" for most petitions if someone cannot afford it. Increasing the fees for N400 and I751 should allow USCIS to hire more staff to focus on those areas and speed up the entire system I would say. Not sure if AOS has a waiver system or how it works, or if could make one for that and then increase fees as well. 

 

The best thing we could do with policy changes like this. Is make forums like this push people to become more "over-prepared" and "provide more information to USCIS. Making people create proper "table of contents and frontload information" speeds up the process for everyone. It also is the best way to make USCIS does not deny the application under these new policieis. Many lawyers advise to do the minimum so you can get your AOS filed as quick as possible and process started, VJ and other places need to send the opposite message even though USCIS says this is "required or optional" if you have it and can do it, do it...it helps with everyone's processes.

[TM92 527]

10 minutes ago, A&H2018 said:

Not sure if AOS has a waiver system or how it works, or if could make one for that and then increase fees as well.

AOS fee waivers are granted in specific cases, like the following potential VAWA case:

Because the user has insufficient funds for VAWA AOS.

Edited July 23, 2018 by TM92

[Pennycat 880]

18 minutes ago, A&H2018 said:

What is with all the partisan anger so much on here? I guess its a reflection of current american political scene where everyone wants the upcoming midterms to be a partisian race. Majority of the discussions these days already have three viewpoints, left/right/trump's-way. Seems anytime we start an actual discussion on here about these issues it rolls into "trump is always right why question the intentions" or "you are a lefty hating trump", both USCIS and petitioners make mistakes as well no one is perfect. You can support right wing policies and think the Trump administration over reaches, you can support left wing policies and read cnn while also wanting to fight illegal immigration. I would like to think VJ should have some of the most open-minded individuals since majority of the people on here have seen different parts of the world. Anyways...

 

Some interesting points brought up. Increasing the i864 amounts. Previously I made rather silly comment like this before and I think a few posters correctly reminded me thats not the point of the process. It does make little sense to say let's go from 125% to 250%. Because the 125% is the based off poverty guidelines which is based on the same statistics the administration should have access to. A change stated like that would say they disagree and think the the poverty guidelines are fake news so while myself and many posters on here that very well is true I think the government's own statisticans should be able to verify this. Canada actually follows a very similar guideline as with LICO. Someone mentioned Australia and it being expensive, the information I could find online is that Australia uses the same style system as well, maybe their statistics are just more harsh? Guess the point is not everyone is doing AOS from a major city and you cannot just raise it because the people in 10 cities can't buy ramen and live somwhere for the poverty guideline. What about those in small towns who can never earn a high enough wage but their town has a much lower COL etc...

 

Think the most sensical thing is to increase the applicaiton fees. Since as mentioned there is a "waiver process" for most petitions if someone cannot afford it. Increasing the fees for N400 and I751 should allow USCIS to hire more staff to focus on those areas and speed up the entire system I would say. Not sure if AOS has a waiver system or how it works, or if could make one for that and then increase fees as well. 

 

The best thing we could do with policy changes like this. Is make forums like this push people to become more "over-prepared" and "provide more information to USCIS. Making people create proper "table of contents and frontload information" speeds up the process for everyone. It also is the best way to make USCIS does not deny the application under these new policieis. Many lawyers advise to do the minimum so you can get your AOS filed as quick as possible and process started, VJ and other places need to send the opposite message even though USCIS says this is "required or optional" if you have it and can do it, do it...it helps with everyone's processes.

 

 

People have always been this partisan here it's just that we've now lost the common villain in USCIS.

 

Go back in time and you'll find that pretty everyone was in agreement that USCIS is a dysfunctional mess but the WHY factor was up for hot debate (very hot debate). But a great unifying force was total clarity that USCIS is a disaster. Now, though that people (generally people who blamed the USCIS issues on DACA, or people of similar political opinions) who are happy with the direction USCIS is taking that they're willing to give them a free pass on the wait times and general incompetence, and read this sort of criticism as criticism of the new policies as well. Similar to those who would read USCIS criticism as a criticism of DACA and immigrants in general. It's just not the case on either side, but it's just what happens when emotions and strong opinions get in the mix and wind up defending USCIS even in the face of the even-then ballooning wait times.

 

I'm not saying this as a criticism of either side. I do think that it's too bad that we can't manage to put political opinion and policy support aside and recognize that this agency really is (and long has been) a total mess, and our lives are in the crossfire. It is all the same employees as before. It is largely the same structure. It is largely the same number of staff, funding and ability to recruit talent. Not much changes except for the folks at the top and the policies, but the actual employees and their abilities and attention to detail are, sadly, the same.

 

Quote

he best thing we could do with policy changes like this. Is make forums like this push people to become more "over-prepared" and "provide more information to USCIS.

 

I've said it a few times and I'll say it again. In my experience, the USCIS adjudicators are simply not accurate enough on a constant basis to be given this sort of "right to deportation" power. I did everything that was expected of us, and more, and still got an RFE. An RFE for a piece of paper that was not required of us, and which USCIS was supposed to procure on their own, and which I had no good way of having (as it was already turned into them, and copies weren't permitted). I have it in writing, from USICS that they made an error. This was not uncommon at the time and I have no reason to believe that they don't make similar mistakes on a regular basis.

 

It is just too big of a consequence to be entrusted to people who really are at or close to the bottom of the barrel in terms of federal employees (and I'm sorry to put it that way but... it's true).

 

Make RFEs cost money. Lots of money. Like $1000, $2000 even, I don't care. People who did it right the first time will be fine, people who get an RFE due to USCIS mistake will be able to demonstrate that it was USCIS mistake and not pay. People who don't pay attention and/or are just place-holding can be punished for it/ pay for the convenience. 

[A&H2018 146]

That is a great point, the people who work there for sure do not change with every administration. The USCIS director quite possibly may be the lowest you go in changing over positions.

[mushroomspore 3,044]

On 7/21/2018 at 8:58 AM, GazLisa said:

So came here too America on a K1 Visa in September,successfully navigated the k1 experience without receiving a RFE without a lawyer,just me and the wife filled out all necessary forms,and we recently finished our application for EAD and AP along with AOS papers,received and RFE as my birth certificate didn’t include the Uk 🇬🇧 official stamp due too a photocopy error,they received the RFE and we subsequently received my EAD card and travel authorisation.

My wife hasn’t needed too support me financially whilst I was unable to work as I lived off savings I have back in England being wire transferred here,although she easily clears the poverty line required.And I’m still living off my savings as I have only started my new job in USA 2 weeks ago 

December this year I will have to renew my EAD card as I think you have to renew 180 days before expiry,so under these rules I make one tiny error such as the aforementioned photocopy error,they won’t send me a RFE request and I will be denied straight away and deported back too England 😓😓 mistakes do happen that aren’t always seen straight away,we triple checked our AOS apllication and still missed the birth certificate error.

Cases like yours don't fall under the new policy regarding RFE's and NTA's. The policy states that officers now have more power in deciding if they WANT to deny a case right away if a case seems to have deliberately omitted something important, like the entire I-864. The memo on this policy excludes cases that have minor errors (a photocopy is missing, a box isn't checked, or USCIS loses something etc). The new policy does NOT mean officers are now immediately going to be trigger-happy on denying every single case that has any sort of mistake, whether it is major or minor. 

 

I thought the same thing at first. I think the policy has been worded to strike up fear. If it pushes people to be more diligent about their paperwork, I think that's actually a good thing. I personally have no sympathy for people who send incomplete applications because they didn't do the proper research and didn't "realize" they had to send something in with the application. On the other hand, we will see what unforeseen consequences this policy brings about since we're human and cannot see into the future.

[TM92 527]

On 7/21/2018 at 8:58 AM, GazLisa said:

December this year I will have to renew my EAD card as I think you have to renew 180 days before expiry

You don't HAVE to, but it is highly recommended

[azblk 338]

3 hours ago, mushroomspore said:

Cases like yours don't fall under the new policy regarding RFE's and NTA's. The policy states that officers now have more power in deciding if they WANT to deny a case right away if a case seems to have deliberately omitted something important, like the entire I-864. The memo on this policy excludes cases that have minor errors (a photocopy is missing, a box isn't checked, or USCIS loses something etc). The new policy does NOT mean officers are now immediately going to be trigger-happy on denying every single case that has any sort of mistake, whether it is major or minor. 

 

I thought the same thing at first. I think the policy has been worded to strike up fear. If it pushes people to be more diligent about their paperwork, I think that's actually a good thing. I personally have no sympathy for people who send incomplete applications because they didn't do the proper research and didn't "realize" they had to send something in with the application. On the other hand, we will see what unforeseen consequences this policy brings about since we're human and cannot see into the future.

And how do you or the officer know that someone "DELIBERATELY" omitted something important? What does that even mean? everything is IMPORTANT in a AOS package.  The new policy gives the officers the power to be trigger happy and deny a case if they so chose - will they do it? i dont know but I dont want to wait and see.  USCIS also makes mistakes and wrongly requests RFE's or does not follow its own guidelines.

If you are going to hold the applicants to s standard of zero errors then you should hold the USCIS to that same standard. 

Edited July 23, 2018 by azblk

[Emlyy 0]

So a while back ago I read about this new law that went into effect today saying forms can be denied without being given the chance to fix them? I read that it effects all forms received after today, is that what anyone else heard? Our i-130 was received September 4th and i got my first noa yesterday on the 10th, would it be subject to these new rules or the old? None of the articles I read today said anything about that.. 

[geowrian 22,337]

It's a policy change, not law. Basically, in the past, IOs were discouraged from outright denying a petition or application unless the standard of "no chance" the form's filer qualified for the benefit being sought. The change in policy allows them to use more discretion to deny a petition if it is missing required documentation. Nobody knows how exactly it will pan out, but the policy memo explicitly states it is aimed at placeholder filings...people who file just to seek a benefit they don't really have a basis for, or those who are missing documentation but want to "get in line" early so they file and were relying on getting an RFE to fix it later.

 

Your petition shouldn't fall under these rules, but there's no way to know what the IO will do since it was always within their discretion.

But so long as you provided a packet that met the basic requirements of documentation ("good faith effort"), they will still issue an RFE if there is a mistake. The policy is not aimed at honest mistakes.

Edited September 12, 2018 by geowrian