The USCIS has issued an update on its policy guidance regarding the circumstances in which RFEs or NOIDs are to be issued by the Immigration Officer. As per the 2018 policy, the Officer could deny the immigration benefit being requested at the discretion of the USCIS without first sending an RFE or NOID to the applicant. This policy had resulted in denial of many applicants who, had given a chance, would have successfully demonstrated their eligibility for the benefits requested.
Such denials left the eligible requestors with the option of either getting the case reopened or provide additional evidence by filing another benefit request to establish their compliance and ultimately getting the immigration benefit. Such denials not only result in creating further obstacles for the applicants wanting the immigration benefits, but also causes a loss in time and resources of the USCIS, which issuance of an RFE or NOID could have avoided.
The highlights of the new guidance as per the USCIS Policy Alert issued on June 9th, 2021 are:
- Explains that an officer should generally issue an RFE or NOID if the officer determines there is a possibility the benefit requestor can overcome a finding of ineligibility for the benefit sought by submitting additional evidence.
- Emphasizes that officers should not issue unnecessary RFEs and NOIDs, such as in cases where the officer determines the evidence already submitted establishes eligibility or ineligibility for the benefit sought.
- Provides guidance on when and how officers should issue RFEs and NOIDs and the limited circumstances in which officers may deny a case without first issuing an RFE or NOID.
- Explains time frames and options for benefit requestors to respond to RFEs and NOIDs.
This policy will give requesters a chance to correct unintentional mistakes and omissions and may result in reducing the obstacles faced by the applicants and increasing the efficiency of adjudication of such cases.
Disclaimer
This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
Chinese (Simplified)
Hebrew
Hindi
Spanish
Urdu