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

[psgma 94]

has anyone sen the new policy regarding RFE and Intent to deny for AOS on the USCIS website? 

 

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

 

This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary injunctions issued by courts in California and New York, this new PM does not change the RFE and NOID policies and practices that apply to the adjudication of DACA requests.

“For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners. Through this long overdue policy change, USCIS is restoring full discretion to our immigration officers to deny incomplete and ineligible applications and petitions submitted for immigration benefits,” said USCIS Director L. Francis Cissna. “Doing so will discourage frivolous filings and skeletal applications used to game the system, ensure our resources are not wasted, and ultimately improve our agency’s ability to efficiently and fairly adjudicate requests for immigration benefits in full accordance with our laws.”  

"This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence.  USCIS will continue issuing statutory denials when appropriate without first issuing an RFE or NOID when the applicant, petitioner, or requestor has no legal basis for the benefit/request sought, or submits a request for a benefit or relief under a program that has been terminated. 
If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:     

• 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).

This PM updates Chapters 10.5(a) and 10.5(b) of the USCIS Adjudicator’s Field Manual and contains an “additional considerations” section. The policy in this “additional considerations” section is not new, and is nearly identical to the policy contained in the superseded 2013 PM. 

 

[aznhouston 132]

Well, I think it's fair for those having a good case and actually spending time to prepare the package well. Like it said, many people file the AOS as a "placeholder" without gathering enough evidence in the first place.

 

[Going through 5,671]

There's been a few threads about this over the past day or so.  This part I wholeheartedly agree with:

 

If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:     

• 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).

 

On the plus side, will potentially (hopefully) speed up things with USCIS in processing applications all-around.

 

On the down side, what would be the outcome if initial documentation/evidence is lost by USCIS themselves (which does happen on occasion) after the applicant did send it in, and then results in a denial?  An applicant can prove delivery....but how to prove what's exactly inside the envelope at the time it was sent?

 

Edited to add:  I also predict in the future that there will be less opportunity for appealing a decision for other types of applications/reasons for denial, than what we have now.

 

Edited July 13, 2018 by Going through

[Crazy Cat 41,888]

I see attorneys getting more business...

[Going through 5,671]

2 minutes ago, missileman said:

I see attorneys getting more business...

Oh yeah...absolutely.  People are gonna be much more nervous now to file anything on their own.

Unfortunately not even lawyers are fail-safe, as evidenced here in these forums.  

[A&H2018 146]

This plus, June 28 power to do NTAs directly is a bit of a scary combo. Rushing to file AOS is clearly being targeted. 

[azblk 338]

This policy coupled with issuing NTA's for most of the denied AOS cases is going to greatly increase the people in deportation proceedings and who are deported. Welcome to Trumplandia - MAGA

[IowacityGuy 152]

I don't know it's good or bad but USCIS might not  issue RFE and straight away deny the application if the criteria is not met. It says it will help them to keep frivolous applicants away so they can help processing other applications faster.

 

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

[TNJ17 1,329]

There are multiple threads about this and one of them has an in depth discussion about how this is actually a good thing because that only affects the people who are trying to “cheat” the system. 

[Scandi 4,166]

7 minutes ago, TNJ17 said:

There are multiple threads about this and one of them has an in depth discussion about how this is actually a good thing because that only affects the people who are trying to “cheat” the system. 

Can you link that discussion? Been looking through the forum and can't seem to find it.

[IowacityGuy 152]

Just now, Scandi said:

Can you link that discussion? Been looking through the forum and can't seem to find it.

Yeah.. that will be great help if anyone can link the discussion. I have been trying to look as well.. 

[Scandi 4,166]

All I could find was another thread started about the same topic but it only had one single reply, no discussion.

[Nody 165]

Will this affect current applications? Or only those filed after September ?

 

[Crazy Cat 41,888]

5 hours ago, Nody said:

Will this affect current applications? Or only those filed after September ?

 

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.

[Crazy Cat 41,888]

On 7/13/2018 at 7:11 PM, azblk said:

This policy coupled with issuing NTA's for most of the denied AOS cases is going to greatly increase the people in deportation proceedings and who are deported. Welcome to Trumplandia - MAGA

1.  Remain in legal status

2.  Obey the law

3.  Don't file frivolous petitions.

Problem solved.....