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Jul 16

USCIS Policy Shift: Officers DO NOT have to issue RFE’s before denial of cases.

Today, USCIS posted a policy memorandum that will significantly alter the way it adjudicates certain petitions. Effective September 2018, USCIS officers are instructed to exercise authority to decide a case based upon the evidence initially filed, without giving Applicants the opportunity to supplement a filing or remedy any deficiencies via a Request for Evidence (RFE).

In practice, this will mean that the importance of having an initial I-130, I-140, Waiver, I-485, etc. becomes even greater, as any deficiencies may result in denial of the case without prior communication from USCIS. It also opens up the possibility of summary denials on many eligible cases, leaving Appeal as the only recourse to a denied Immigration petition.

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