The USCIS recently issued a Policy Memorandum that may have an influence on you if you intend to file an application, petition or request with USCIS. After understanding the nature of the policy update, you will see why we strongly advise for you to follow some simple instructions with regard to submitting your application, petition or request.
This Policy Memorandum gives guidance to USCIS adjudicators regarding their discretion to deny any application, petition or request. With the policy update, an adjudicator processing a case may now deny the case without first issuing a Request For Evidence (RFE) or Notice of Intent To Deny (NOID) if they determine that required initial evidence was not submitted, or if the evidence of record fails to establish eligibility.
The USCIS determined that this was a necessary step to take, in order to preserve resources, clean up and discourage fraud in the system, and also to increase the department’s efficiency. The Policy Memorandum will inevitably require for applicants, petitioners and requestors to be much more diligent when collecting and submitting evidence.
As professionals in the area of immigration services, it has been our experience that applicants, petitioners and requestors have fell under pressures to save time, amongst other various pressures, and rush their incomplete documents in to the USCIS for submitting. With this new policy update in place, we offer our best advice to be that you resist the urge to submit any application, petition or request that is incomplete or lacking in evidence. It is best that you seek legal counsel from an attorney when getting ready to file your applications, petitions and/or requests. In doing so, you will ensure the accuracy and completeness of the required documents, and avoid any unnecessary denial that could negatively affect future filings.
This update was issued on July 13, 2018 and will take effect on September 11, 2018. This Policy Memorandum updates Chapters 10.5 (a) and 10.5 (b) of the USCIS Adjudicator’s Field Manual.