Chicago Immigration Lawyer – Azita M. Mojarad

What Type of Cases Will USCIS Deny without Allowing Application the Opportunity to Respond?

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In a previous article, (“New Policy Gives USCIS Officers Full Discretion to Deny Applications without Allowing Applicant to Respond”), we informed you that effective September 11, 2018, a new policy memorandum provides USCIS adjudicators with full discretion to deny any application, petition, and request, except for Deferred Action for Childhood Arrivals (DACA) adjudications, without first issuing a “Request for Evidence” (RFE) or a “Notice of Intent to Deny” (NOID), if all required initial evidence is not submitted.

What Types of Cases Will USCIS Deny Outright?

The memorandum indicates that USCIS officers can deny applications without issuing a NOID or RFE “when appropriate” but it does not clearly define what that means.

The memorandum provides that the following situations are “appropriate”:

The new policy memorandum seems to provide individual officers with almost unrestricted ability to decide whether a case should be approved or denied. Applicants should therefore ensure that the application packet is as complete and accurate as possible prior to filing, in order to prevent an outright denial. Our experienced immigration attorneys can assist you with your application submissions and will ensure your application packet is as complete and accurate as possible, so as to avoid any negative consequences. Contact us at 312.671.4785.

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