Wednesday, June 16, 2021

USCIS RESCINDS POLICY THAT ALLOWED OFFICERS TO DENY A CASE INSTEAD OF ISSUSING A REQUEST FOR EVIDENCE

In 2013 USCIS issued a policy memorandum that allowed USCIS officers to issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) for a case that included insufficient evidence, before denying the case. 

In 2018 USCIS rescinded this 2013 policy and issued a new policy, stating that USCIS officers could deny a case for lack of initial evidence without first sending an RFE or NOID.

On June 9, 2021 USCIS issued a policy update, stating that the USCIS would revert back to the 2013 policy.  The USCIS will now issue RFEs and NOIDs where additional evidence could demonstrate eligibility for an immigrant benefit. This policy will give petitioners and beneficiaries the opportunity to correct mistakes and minor errors. This policy is effective immediately.


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