The United States Citizenship and Immigration Services (USCIS) has implemented a significant policy change, empowering officers to deny incomplete immigration benefit requests immediately, shifting the onus onto applicants to ensure full eligibility at the time of submission.
Key Points
- USCIS officers can now deny immigration benefit requests for incomplete applications or missing documents.
- The new policy eliminates the automatic 12-week grace period for responding to Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
- Applicants bear the sole responsibility to establish eligibility at the time of filing and throughout the adjudication process.
- The policy is effective immediately and applies to both new and pending immigration applications.
- USCIS expressed concerns about applicants using incomplete filings to gain ancillary benefits like employment authorisation.
The United States Citizenship and Immigration Services (USCIS) has restored officers' discretion to deny immigration benefit requests if applicants submit incomplete applications or fail to provide the required documents to establish eligibility.
Understanding The New USCIS Policy Changes
The earlier policy gave applicants a 12-week period to respond to requests for further evidence made by immigration officers on applications for change or extension of immigration status, green cards, visa or naturalisation.
It also added an additional 14 days to the response deadline when a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) was mailed outside the United States.
"The burden is on the requestor to establish that he or she is eligible for the requested benefit at the time of filing the benefit request and that he or she continues to be eligible through adjudication," the USCIS said in a statement in Washington, DC on Wednesday.
It said if a benefit requestor fails to demonstrate eligibility for a benefit or fails to provide all required initial evidence when filing an application, it may deny the immigration benefit request without first issuing an RFE or NOID.
The new policy came into immediate effect and applies to pending applications as well as new filings.
Under the new guidance, officers may deny a benefit request for the lack of required initial evidence; deny requests that fail to establish eligibility at filing or issue an RFE if they determine it is appropriate.
The USCIS specifically noted concerns that some applicants used incomplete filings to obtain ancillary immigration benefits, including employment authorisation, while waiting for adjudication of the underlying case.
