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

[CJlove 147]

http://mynorthwest.com/1109246/legal-immigrants-hurdles-citizenship/

 

Has anyone read this article? This new policy effective as of today, 09/11/2018. “The adjudicators (now) have the capability and, potentially, encouragement to issue a denial whenever there is something missing (MyNorthwest).” 

 

One word: #scary 

 

what do you think? 

 

[GreatDane 366]

3 minutes ago, CJlove said:

http://mynorthwest.com/1109246/legal-immigrants-hurdles-citizenship/

 

Has anyone read this article? This new policy effective as of today, 09/11/2018. “The adjudicators (now) have the capability and, potentially, encouragement to issue a denial whenever there is something missing (MyNorthwest).” 

 

One word: #scary 

 

what do you think? 

 

There is a massive on going thread about this. On one hand, it opens the opportunity to abuses by USCIS. There is more room for subjectivity when analyzing petitions - can a petition, for example, be outright denied due to a small error or want of USCIS for additional information? On the other hand, it eliminates petitions that were submitted to stop the case from deportation proceedings, etc. without any evidence given. It's a tough one. I'm personally against it. I think it also serve to show that cases were 'processed' and keep processing times down without the need to actually address petitions.

[CJlove 147]

@GreatDane I hear you, but when I applied for i130 last year, I made an error which USCIS did mail out NOA i797 for me to adjust the issue. I am glad that this wasn’t effective last year but I feel so awful for new applicants. My hope is that new applicants read the article, be aware so that they don’t make ANY mistakes. 

[GreatDane 366]

9 minutes ago, CJlove said:

@GreatDane I hear you, but when I applied for i130 last year, I made an error which USCIS did mail out NOA i797 for me to adjust the issue. I am glad that this wasn’t effective last year but I feel so awful for new applicants. My hope is that new applicants read the article, be aware so that they don’t make ANY mistakes. 

I will be honest. I have been afraid of the upcoming change. We got our N400 interview invite in the mail today. It's a breath of relief. 

[CJlove 147]

1 minute ago, GreatDane said:

I will be honest. I have been afraid of the upcoming change. We got our N400 interview invite in the mail today. It's a breath of relief. 

Good luck with your interview! My hubby received an interview date too. It’s a relief but I can’t let my mind at rest until all is over, and having to read an article like this, does NOT HELP! But really, good luck! 

[GreatDane 366]

3 minutes ago, CJlove said:

Good luck with your interview! My hubby received an interview date too. It’s a relief but I can’t let my mind at rest until all is over, and having to read an article like this, does NOT HELP! But really, good luck! 

Don't worry about it - you're in the final stages. Until the new rule is proven otherwise, I'm hoping it just weeds out the applications submitted in bad faith. Once it's scheduled for interview, you should be out of the 'danger zone.' That being said, I did spend all evening bullet proofing the petition 🤣 

[CJlove 147]

3 minutes ago, GreatDane said:

Don't worry about it - you're in the final stages. Until the new rule is proven otherwise, I'm hoping it just weeds out the applications submitted in bad faith. Once it's scheduled for interview, you should be out of the 'danger zone.' That being said, I did spend all evening bullet proofing the petition 🤣 

😂😂😂 Welp, thank you. I really hope all will be  over soon. It’s been a long journey... 

[GreatDane 366]

1 minute ago, CJlove said:

😂😂😂 Welp, thank you. I really hope all will be  over soon. It’s been a long journey... 

Where are you in the process - if you don't mind me asking?

[geowrian 22,337]

I'm not too concerned. It's not aimed at people making good faith efforts...its targeted at people who were basically abusing the system by filing clearly frivolous forms and those who didn't want to wait for documents and planned to get an RFE.

[CJlove 147]

5 minutes ago, GreatDane said:

Where are you in the process - if you don't mind me asking?

I applied for i130 for my hubby on 9/17/2017.

i130 approved by USCIS sometime March, 2018.

NVC case completed last month and now we received an interview date last week. His interview is set next month. We got married 09/05/2017. We had to FaceTime for our first anniversary. You know, it’s been so long... I really hope that the government speedy up our LEGAL process to encourage those trying to enter US legally... just saying.. 

[CJlove 147]

15 minutes ago, geowrian said:

I'm not too concerned. It's not aimed at people making good faith efforts...its targeted at people who were basically abusing the system by filing clearly frivolous forms and those who didn't want to wait for documents and planned to get an RFE.

I don’t know... Who makes that call? And what if the errors were legit..? 😩

[geowrian 22,337]

6 minutes ago, CJlove said:

I don’t know... Who makes that call? And what if the errors were legit..? 😩

The IO uses their discretion, just as they always have. They had the ability to do this before the 11th, but guidance was to only do so if a "no possibility" of the applicant qualifying for the benefit.

If you complete a full application - even with errors - then you will still get an RFE.

[CJlove 147]

1 minute ago, geowrian said:

The IO uses their discretion, just as they always have. They had the ability to do this before the 11th, but guidance was to only do so if a "no possibility" of the applicant qualifying for the benefit.

If you complete a full application - even with errors - then you will still get an RFE.

Oh, good to know! Thank you! 😊

[BoostFreak12 13]

So the uscis isnt issuing rfe's or noids anymore starting sept 11th!

 This stuff is so frustrating and this president isnt making anything easier.

Is their anything els we should know about? Has anything els changed that is going to effect us?

I need my mind eased!

#stressed 

[Ben&Zian 4,398]

This has been heavily discussed. Can't find the "mega" thread on it right now though. RFE's wil still be given, this just allows USCIS to reject applications missing major items instead of holding up the process for others. Immediately blaming someone else for their own mistakes is unreasonable and honestly people try to do it too much. Ensure your packet and information is done correctly the first time and avoid issues. Take personal accountability. Simple stuff.

Edited September 12, 2018 by Ben&Zian