Updated Policy Guidance Could Impact Your Immigration Case

U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance which could impact your immigration case. In any immigration request, the applicant bears the burden of proving they qualify for the requested benefit. That means someone requesting a visa or green card must prove they meet statutory requirements. Some benefits involve the exercise of discretion, so the applicant also needs to prove why an officer should exercise discretion to their benefit.

Historically, many applicants have submitted bare-bones applications, which they flesh out slowly over the next year. USCIS wants to stop this practice, so they have issued new guidance.

What’s Changed?

When applicants fail to provide sufficient evidence with their applications, immigration officers can request additional evidence by sending a Request for Evidence (RFE) The officer might also send an Notice of Intent to Deny (NOID), meaning there is sufficient reason to deny the benefit.

However, prior USCIS policy discouraged officers from issuing denials without first sending an RFE or NOID, even if the application was frivolous or completely unsupported. As a result, some applicants could reap the benefit of staying in the U.S., at least temporarily, by filing frivolous applications.

USCIS has issued new guidance to respond to frivolous or unsupported applications for immigration benefits. The new policy requires applicants to meet their burden by submitting complete benefit requests. Officers now have full discretion to deny benefit requests without first issuing an RFE or NOID.

Furthermore, applicants will likely get less time to submit supporting evidence if they are issued an RFE. They must move fast if they hope to obtain a benefit.

What is the Impact on You?

This new policy could have dramatic effects. USCIS officers will be more likely to deny your request if it is incomplete, which means you could immediately be out of lawful status. Consequently, you would have to pack your bags and leave the country immediately.

With discretion restored, some USCIS officers will not issue an RFE if your file is missing required information or evidentiary support. Instead, they will simply deny your application, which could immediately put you out of status and make your continued presence in the U.S. unlawful. There are many future negative consequences that flow from that, including problems applying for visas in the future if you accrue unlawful presence.

How to Respond

With this new guidance from USCIS, applicants must be thorough when applying for a benefit. That means submitting complete applications supported by high-quality evidence from the start. Incomplete applications, or applications with erroneous information, can lead to a swift denial.

A lawyer’s help is even more essential today. By hiring our law firm, we can review what evidence you need in support of your request. Our firm knows how to bolster applications to improve the odds of approval. A strong application is also necessary to prevent a swift and immediate denial.

Call Our Office for Immediate Assistance

Strategic immigration planning is more critical than ever. At The Law Office of Jason M. Sullivan, PLLC, we don’t wait around for USCIS to identify weaknesses in your application. We identify them beforehand and then develop sophisticated ways of providing context and minimizing the negative effect. Call to speak with an experienced immigration lawyer in Portsmouth, New Hampshire or Miami, Florida.

Source:

uscis.gov/sites/default/files/document/policy-manual-updates/20260805-EvidentiaryStandards.pdf