Stricter Denial Policies on Immigration Applications Starting September 11, 2018

Starting September 11, 2018 USCIS, Will Deny Some Cases Without Issuing Requests For Evidence or Notices of Denial

A recent USCS memo (available HERE) released on July 13, 2018 changes previous  policy by allowing immigration officials to reject visa applications immediately if there is missing or inaccurate information.

Presently the USCIS has required officials to serve “RFE – Requests for Evidence” to remedy any gaps in paperwork unless there was “no possibility” that the mistake could be corrected, and then “Notices of Intent to Deny” were issued, giving 30 day warnings to applicants that they would likely be rejected.

The new policy, which will take effect Sept. 11, allows USCIS to “deny the (application) for failure to establish eligibility based on lack of required initial evidence.”

This means that visa applicants can suddenly find themselves on a path toward deportation. This also seems to be another attack on legal immigration and the administration seems to be seeking to deport legal applicants for minor technicalities.

Whenever possible, it is now even more important to file applications/petitions as early as possible to give applicants the best chance of having their case adjudicated before their status or visa expires. It is essential to make sure the files are complete and accurate.