Updates to the Code of Federal Regulations #8

[KateandNik 0]

After reading HuskerKiev's incredibly long thread, I got to thinking that maybe I should read 8 CFR just to get a better handle on things (and for my own peace of mind). (And just as a preliminary thing, I did do a search and, while I only looked through the first 6 pages of search results... I didn't see anything that pertained to this thread. The longer I read the forums... the more I understand...). I apologize in advance for the long post.

At any rate, I was reading the CFR and stumbled upon the 72 FR 19100 FR 17-07 (I have no idea what this means... but it sounded official, plus it had a catchy title) - Removal of the Standardized Request for Evidence Processing Timeframe.

The parts that really caught my eye were:

On November 30, 2004 USCIS published a proposed rule to remove absolute requirements for, and fixed times to respond to, RFEs and NOIDs... This final rule adopts the proposed rule with minor changes as discussed below.

The reg goes on to talk about some stuff that didn't seem that big of a deal to me and then the real meat and potatoes came out with...

If all required initial evidence is not submitted with the application or petition or does not demonstrate eligibility, USCIS in its discretion may deny the application or petition for lack of initial evidence or for ineligibility or request that the missing initial evidence be submitted...

etc. (Bold mine.) The next section of the new reg says the same for other evidence (their italics), in that USCIS may deny -OR- ask for more evidence at their discretion. For the latter (the other evidence is missing), USCIS will give an intent to deny, why the denial, and will give the petitioner time to respond... but only for the "other evidence" not "initial evidence."

Now, from reading the CFR and past posts it is my understanding that this is not the way it used to be. USCIS used to be required to issue an RFE always and not deny unless the RFE went unanswered. Since this reg revision went into full force of law April 17, 2007... I'm just wondering what kind of impact we (as filers) will see... if any at all... or is already being seen?

To be fair to USCIS they did say...

USCIS currently intends to limit the application of its discretionary authority to deny an application or petition for lack of initial evidence without an RFE to cases... where no information or evidence of a covered relationship is provided

I hope I made some sense... Being new to this process, I wasn't sure how this might affect... whether anecdotally (from April '07 to present) it has been seen that applications are being denied at higher rates than pre- 04/07. Thanks for reading and any insight or opinions y'all might have!

-kate

[vbtbmrt 2]

After reading HuskerKiev's incredibly long thread, I got to thinking that maybe I should read 8 CFR just to get a better handle on things (and for my own peace of mind). (And just as a preliminary thing, I did do a search and, while I only looked through the first 6 pages of search results... I didn't see anything that pertained to this thread. The longer I read the forums... the more I understand...). I apologize in advance for the long post.

At any rate, I was reading the CFR and stumbled upon the 72 FR 19100 FR 17-07 (I have no idea what this means... but it sounded official, plus it had a catchy title) - Removal of the Standardized Request for Evidence Processing Timeframe.

The parts that really caught my eye were:

On November 30, 2004 USCIS published a proposed rule to remove absolute requirements for, and fixed times to respond to, RFEs and NOIDs... This final rule adopts the proposed rule with minor changes as discussed below.

The reg goes on to talk about some stuff that didn't seem that big of a deal to me and then the real meat and potatoes came out with...

If all required initial evidence is not submitted with the application or petition or does not demonstrate eligibility, USCIS in its discretion may deny the application or petition for lack of initial evidence or for ineligibility or request that the missing initial evidence be submitted...

etc. (Bold mine.) The next section of the new reg says the same for other evidence (their italics), in that USCIS may deny -OR- ask for more evidence at their discretion. For the latter (the other evidence is missing), USCIS will give an intent to deny, why the denial, and will give the petitioner time to respond... but only for the "other evidence" not "initial evidence."

Now, from reading the CFR and past posts it is my understanding that this is not the way it used to be. USCIS used to be required to issue an RFE always and not deny unless the RFE went unanswered. Since this reg revision went into full force of law April 17, 2007... I'm just wondering what kind of impact we (as filers) will see... if any at all... or is already being seen?

To be fair to USCIS they did say...

USCIS currently intends to limit the application of its discretionary authority to deny an application or petition for lack of initial evidence without an RFE to cases... where no information or evidence of a covered relationship is provided

I hope I made some sense... Being new to this process, I wasn't sure how this might affect... whether anecdotally (from April '07 to present) it has been seen that applications are being denied at higher rates than pre- 04/07. Thanks for reading and any insight or opinions y'all might have!

-kate

hi kate i see your from wisconsin also so am i north of milwaukee and yes uscis can do what ever they want it all stinks