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- The USCIS recently issued a memo
stating that adjudicating officers
can now issue a denial letter
without issuing a Request for Evidence, or a RFE letter.
And that's if the petitioner or the applicant
fails to establish eligibility
for the immigration benefit they're applying for.
I'll actually read the excerpt from the memo.
According to the memo, the policy provides guidance
to the USCIS adjudicators regarding the discretion
to deny
the petition or request,
what is that, for issuing a request for RFE
or notice of denial when required initial evidence
was not substantial or evidence is not recorded,
what is that, fails to establish eligibility.
Okay, according to the memo, the new policy
will go into effect September 11th.
However, we're already seeing denials come in to our office
without issuing a RFE.
And this is gonna have a huge impact, and ramifications,
and consequences down the line,
because some folks are expecting to receive an RFE,
or possibly even get a second chance
when they submit their petition or application.
That's just not the case going forward.
So what you wanna do is try and get as much evidence
and supporting documents in
with your initial application or petition
to ensure that you're gonna get approved.
Otherwise, if you get denied, this is gonna cost you
quite a bit of time and money,
because you're gonna have to start
the process all over again.
That means you're gonna have to submit the forms,
go through the approval process through the USCIS.
You're gonna have to pay all the filing fees again.
So this is something that you really want to avoid.
And, again, we feel this is pretty important,
and we wanted to bring it to the attention of everyone.
'Cause, like I said, it does have some
serious ramifications and consequences,
and so more to come on that as it unfolds.
Like I said, it hasn't even gone into effect yet
till September 11, but we're already seeing it,
not only at the USCIS stage,
but at the US Embassy stage as well.
- Right, so the bottom line is, as we always say,
even before the change in policy,
you need to put your best foot forward,
send in everything you possibly have
in the way of evidence.
And don't expect that you'll get a second chance.
Often times you do.
You get a Request for Evidence.
It's a second chance to send
some more information, or better information or evidence.
But you really can't assume that anymore.
If, in their discretion, it's just too far off the mark,
they may just deny you right up front,
which generally means you've not only lost
your time and effort, but you've also lost your filing fee,
which would have to be paid again.
Remember, the filing fee is for them
to look at your petition, not to approve it.
Once they look at it, and work on it, accept it,
that filing fee is gone, whether you're approved
or it's thrown out based on
lack of a birth certificate or whatever.
So, as always, I mean, this doesn't change
the general advice, which is, dig up everything you got,
all the evidence you can provide based on the requirements,
and send that in.
This is not the time to be minimalistic.
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