U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance clarifying how officers must handle derogatory information when evaluating immigration benefit requests. This June 2025 update to the USCIS Policy Manual aims to ensure fairness and transparency in adjudications, particularly when a decision may be based on information previously unknown to the benefit requestor.
What’s New?
The updated policy, effective immediately and applicable to all pending or new benefit requests, provides the following key updates:
1. Right to Review and Rebut
When USCIS intends to deny a benefit—such as a visa petition or adjustment of status—based on derogatory information not known to the applicant, it must generally provide a detailed description of that information. This aligns with 8 CFR 103.2(b)(16)(i), ensuring the applicant has an opportunity to respond.
2. Exceptions to Disclosure
However, certain information cannot be fully disclosed. For example:
- Classified information
- Data shared under confidentiality by other government agencies
- Information protected by privacy laws
In these cases, USCIS may instead issue a Request for Evidence (RFE) or conduct an interview to elicit similar facts from the applicant directly.
3. Removal and Addition of Policy Sections
The update:
- Removes outdated content under “Derogatory Information Unknown to the Benefit Requestor” from the Notices of Intent to Deny (NOID) section.
- Adds a new dedicated section on “Derogatory Information” in Chapter 6 of the USCIS Policy Manual.
These changes promote procedural consistency and reflect guidance established in key legal decisions, including the Ninth Circuit’s ruling in Zerezghi v. USCIS, which requires USCIS to offer “specific, rebuttable details” when basing a denial on previously undisclosed allegations.
What This Means for Applicants
If you are applying for an immigration benefit and receive an RFE or NOID, it is crucial to carefully review any reference to derogatory information—even if only summarized—and respond thoroughly. Applicants should work closely with an experienced immigration attorney to ensure all factual inaccuracies or misunderstandings are effectively rebutted before a final decision is made.
At Ahluwalia Law Offices, we monitor every policy update that can impact our clients. If you’ve received unexpected questions or a NOID, contact us immediately to protect your rights and ensure your voice is heard before any decision is finalized.
Source:
USCIS Policy Manual, Volume 1: General Policies and Procedures, Part E, Adjudications, Chapter 6, June 12, 2025.
