USCIS Updates Policy Guidance for When Adjudicators Can Deny Applications and Petitions

Last Friday, US Citizenship & Immigration Services (USCIS) published a policy memorandum that provides updated guidance to USCIS adjudicators regarding their “discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility,” a move that makes it easier for USCIS officers to deny applications and petitions.

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5 Quick Things to Know About NOIDs!

What’s a NOID? No, we’re not talking about the 1980s Domino’s pizza character that was created to advertise the Domino’s promise to deliver in thirty minutes or less. A Notice of Intent to Deny, commonly referred to as a NOID, is issued by US Citizenship and Immigration Services (USCIS) after a preliminary decision to deny the applicant’s case (e.g., visa petition, work permit, adjustment of status, etc.) due to a perceived ineligibility.

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All About RFEs

You’ve given your attorney all the requested documents. All forms have been signed, T’s crossed and I’s dotted. And off goes your application or petition to US Citizenship & Immigration Services (USCIS). Now all you have to do is wait for an approval notice in the mail, right? But you receive a letter that requests “additional evidence.” The dreaded RFE (Request for Evidence). What does it mean? How do you respond? Why did this happen?

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