USCIS Revised Policy on Issuance of Request For Evidence (RFE)

USCIS has indicated in a Memorandum, dated July 13, 2018, that officers now have the discretion to deny applications without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when they find that the required initial evidence was not submitted or the evidence of record fails to establish eligibility.

Under current practice, unless an application is clearly frivolous or lacking any legal basis, the Service would typically issue an RFE spelling out, often in great detail, the perceived deficiencies and giving the applicant/petitioner an opportunity gather and submit additional evidence and/or legal arguments in support of their case.  This new approach will require applicants and petitioners to take extra care in preparing a properly documented matter for filing.

Importantly, this Memo will only affect matters filed after September 11, 2018.

In light of these Memos, there is no longer any doubt that this Administration is doing everything it can to implement its anti-immigration philosophy.

We intend to do the best we can to see that our clients have the best advice possible under difficult circumstances.