Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

USCIS Adjudicator’s Discretion Restored in Denying Applications, Petitions and Requests without Issuing RFE’s or NOIDS.

In a new policy memorandum issued by the United States Citizenship and Immigration Services (USCIS) last July 13, 2018, USCIS adjudicators are given discretion to deny applications, petitions, or requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if the initial evidence is not submitted or if the evidence in the record does not establish eligibility. The policy is to take effect on September 11, 2018 and applies to all applications, petitions, and requests received after said date.

The new policy memorandum departs from (and rescinds) a policy memorandum from June 3, 2013 which stated that adjudicators should issue an RFE unless there was “no possibility” that the deficiency in the application, petition, or request could be cured by the submission of additional evidence. Under the June 3, 2013 memorandum, denials issued without an RFE or a NOID were only issued for statutory denials such as if the applicant, petitioner or requestor has no legal basis for the benefit that they are applying, petitioning, or requesting for or if the benefit or relief requested is under a program that has been terminated.

With the rescission of the “no possibility” policy, the memorandum means that, aside from statutory denials, USCIS may also deny applications, petitions and requests without issuing an RFE or a NOID if not all the required evidence is submitted with the benefit request. Said denial will be based on lack of required initial evidence. Examples of cases where there may be a denial without issuing an RFE or a 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 or evidence establishing eligibility at the time of filing and there is no submission. 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).

The policy is intended to discourage frivolous or substantially incomplete filings and to encourage applicants, petitioners, and requestors for U.S. visas for overseas education and green cards to be diligent in collecting and submitting required evidence.

CATEGORY
time
recent posts
CTA_Collection

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Federal Lawsuit Filed Immediately Following Trump’s Executive Order Ending Birthright Citizenship

Less than 2 hours after President Donald J. Trump signed an Executive Order (“EO”) attempting to end birthright citizenship, immigrant advocates started to file lawsuits in Federal Court attempting to block Trump’s Executive Order. The first lawsuit was filed in the U.S. Federal District Court of New Hampshire  on behalf of a group representing Indonesian migrants in the State. It was signed by a total of twenty-six (26) attorneys representing the American Civil Liberties Union, State Democracy Defends Fund, the NAACP Legal Defense & Educational Endowment Fund, League of United Latin American Citizens and Make the Road New York as plaintiffs. Following New Hampshire, more than two dozen additional lawsuits were filed against the EO in Federal District Courts contending that the EO violates the U.S. Constitution’s 14th Amendment, U.S. Supreme Court precedent since 1898 (United States v. Wong Kim Ark), as well as federal law which has been practiced

Read more >

Can My Fiance Work in the U.S. After Arriving on a K-1 Visa?

One your fiance arrives in the United States on a K-1 visa and you are married within ninety (90) days upon arrival, you and your fiance will need to file for adjustment of status with the United States Citizenship and Immigration Services (“USCIS”) in order to convert the K-1 fiance nonimmigrant visa status to lawful permanent resident status. As part of the adjustment process, applicants have the option of filing a Form I-131, Application for Travel Documents, Parole Documents, and Arrival/ Departure Records with their Form I-485, Application to Register Permanent Residence or Adjust Status. Approval of the Form I-131 will result in Advance Parole allowing for international travel while waiting for USCIS to approve the Form I-485. Applicants also have the option to file a Form I-765, Application for Employment Authorization (“EAD”) while USCIS adjudicates the adjustment application. Once the EAD is approved, they will have valid status and

Read more >

What is the Four Month Validity Period of an Approved I-129F Petition for a K-1 Visa?

Once the United States Citizenship and Immigration Services (“USCIS”) approves an I-129F Petition for Alien Fiancé, the foreign fiancé typically has four (4) months to apply for a K-1 fiancé visa at a U.S. Embassy or Consulate. However, due to the time that it takes for an approved petition to be sent and received by the National Visa Center and then forwarded to the foreign fiancé’s embassy or consulate where he/she will undergo a visa interview, petition revalidation is possible. While the interviewing consular officer will often automatically revalidate an expired petition, demonstrating ongoing intent that the U.S. citizen and foreign fiancé intend to marry within ninety (90) days upon the foreign fiancé’s arrival in the United States may be requested. The rationale behind requesting updated documentation showing continued marital intent is to ensure that the couple’s bona-fide relationship remains current and genuine. It further helps to reduce prolonged processing

Read more >
Vietnam
icons8-exercise-96 chat-active-icon