Immigration trouble: Trump admin restores USCIS power to deny request outright

The U.S. Citizenship and Immigration Services (USCIS) has reinstated guidelines allowing officers to outright deny immigration-benefit requests without issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), if applicants fail to demonstrate eligibility or submit all required initial evidence at the time of filing.

The move, effective immediately on August 5, intensifies the scrutiny on routine immigration-benefit requests such as visa extensions, changes in status, green card and citizenship applications.

This policy shift comes after the Biden administration's previous approach encouraged officers to request evidence before denying a benefit request, even if the application was incomplete, the applicant couldn't prove eligibility, or the initial required evidence was not provided.

Critics argue that the new policy may disproportionately impact ordinary individuals and families who unintentionally omit crucial documents like a spouse's tax transcript, a certified translation of a foreign birth certificate, or other necessary paperwork. USCIS has shortened the deadline for responding to RFEs if one is issued, from the usual 12 weeks to potentially shorter periods, depending on the specific evidence requested.

Immigration experts advise applicants to meticulously review their submissions, as the discretion to deny an application without issuing an RFE lies solely with the adjudicator. While USCIS maintains that all required initial evidence is specified in application forms, the practical understanding of what may be considered essential for individual cases remains unclear. The true impact of this revised policy will become evident as it is applied across different case types and at various USCIS service centers.