- On September 11, 2018, USCIS began applying a new policy to allow the USCIS adjudicators discretion to deny a request for an immigration benefit without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).
- The new policy will allow for USCIS to deny an application or petition without giving the applicant or petitioner the opportunity to correct a simple filing error. USCIS will also deny a benefit if any of the required initial evidence is missing from the filing.
- Prior USCIS policy limited an adjudicator’s ability to deny a case without first giving the applicant or petitioner an opportunity to respond.
- All applicants and petitioners who now file immigration benefit applications with USCIS will be impacted by this new policy and could now face harsh consequences in the form of a denial of their request for an immigration benefit application
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