05 Sep USCIS Guidance on RFE and NOIDs effective 9/11/18
Written by: Ashik R. Jahan, Esq.
USCIS guidance regarding the discretion to deny an application, petition, or request without first issuing an RFE or NOID in certain circumstances will take effect next Tuesday, September 11, 2018. In July, USCIS had issued a policy memo with guidance to adjudicators regarding the discretion to deny an application, petition, or request without first issuing a RFE (Request for Evidence) or NOID (Notice of Intent to Deny) if initial evidence is not submitted or if the evidence in the record does not establish eligibility. Of note, the policy implemented in this PM rescinds the 2013 PM’s “no possibility” policy and restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence. It is not intended to penalize filers for innocent mistakes or misunderstandings of evidentiary requirements.