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Policy Memorandum – No RFEs or NOID and issuing of NTAs

In past two weeks, USCIS has released two significant policy memorandums that we discuss below.

Policy Memorandum, July 13, 2018: The USCIS released Policy Memorandum, effective September 11, 2018 which provide “full discretion” to the adjudicators to deny any application, petition or request which are incomplete or ineligible. The adjudicating officers may not issue Request for Evidence (RFE) or Notice of Intent to Deny (NOID) but will issue denials based on lack of sufficient initial evidence such as waiver applications with little or no supporting evidence or family or employment-based applications where an affidavit of support (Form I-864) was not submitted with Application to Register Permanent Residence or Adjust Status. This policy supersedes 2013 policy memorandum of “no possibility” policy that was the only statutory denial. The USCIS states that the policy is intended to discourage frivolous or substantially incomplete filings used as a “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence at the time of initial filing.

Policy Memorandum, June 28, 2018: An alien who has received a denial will be issued NTA – Form I-862, Notice to Appear that instructs them to appear before the immigration judge on a certain date and thus commence removal proceedings against the alien. The NTA will be issued in various situations such as a foreign national whose application to change to H-1B or L1 has been denied and underlying I-94 is expired, F-1 student who has accrued unlawful presence, or N-400, Application for Naturalization is denied on good moral character due to criminal offense. When adjudicating the cases, agency officers will also look in to alien’s engagement in “fraud or willful misrepresentation in connection with any official matter or application before a government agency” and whether the alien has abused “any program related to receipt of public benefits”. The USCIS will implement the proceedings along with the U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP).

We have to wait and see how USCIS will implement the above policies and keep our readers updated on it.