USCIS RFE Policy Change Raises Risk of Visa Denials
USCIS RFE Policy Change could leave green card and visa applicants facing immediate denials if required documents are missing, without first getting a chance to correct their applications.
The U.S. Citizenship and Immigration Services (USCIS) significantly expanded officers’ discretion beginning Aug. 5 by revising its Evidentiary Standards guidance.
Under the new policy, officers may deny immigration benefit requests when applicants fail to submit required initial evidence or sufficiently establish eligibility at the time of filing. Officers are no longer generally expected to first issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
The change has raised concerns in immigrant communities, particularly among applicants who have already spent years waiting for decisions on their cases.
USCIS RFE Policy Change Also Applies to Pending Cases
The new guidance is not limited to applications filed after Aug. 5. It also applies to cases that were already pending when the policy took effect.
That means applicants who have been waiting months or years for a decision could potentially receive a denial without first being given an opportunity to submit additional evidence.
Previously, USCIS would generally issue an RFE when additional documentation was needed, allowing applicants to supplement their filings. A NOID could also provide applicants with a final opportunity to respond when USCIS believed the evidence did not establish eligibility.
Under the revised policy, officers may instead deny a case without taking either step. Officers still retain discretion to issue an RFE or NOID when they determine that additional evidence or an explanation is warranted.
USCIS says the change is intended to discourage incomplete or otherwise deficient filings and improve processing efficiency. The agency has also said it aims to prevent applicants from filing requests that lack sufficient evidence simply to obtain interim benefits such as an Employment Authorization Document (EAD) or Advance Parole (AP).
Immigration Attorney Warns of Greater Risk
Immigration attorney Brian Oh said the change puts more responsibility on applicants to ensure their cases are complete from the outset.
“Previously, applicants had opportunities through RFEs and NOIDs to provide missing documents or explain deficiencies, but now there is a greater possibility that a case could be denied immediately,” Oh said.
The uncertainty is particularly troubling for applicants whose cases have remained pending for years.
One green card applicant, identified only by the surname Kim, said the application has been pending for more than four years.
“I completed my interview earlier this year, but I still haven’t heard anything,” Kim said. “After waiting for so long, I’m worried that the case could suddenly be denied without even giving me a chance to provide additional documents.”
Denial Could Affect Immigration Status
For some applicants, a denial could have consequences beyond losing the underlying immigration benefit.
Oh warned that applicants who stopped maintaining a separate nonimmigrant status while relying on a pending green card application could face immigration-status complications if the application is denied.
“If someone relied solely on the pending green card application and did not maintain their previous nonimmigrant status, a denial could immediately create problems with their immigration status,” Oh said.
Even applicants who receive an RFE may have less time to respond.
While response periods previously could generally extend up to 12 weeks, the revised guidance allows USCIS to set shorter deadlines depending on the circumstances of the case.
USCIS has also reduced the additional mailing time provided for certain RFEs and NOIDs sent internationally from 14 days to three days.
With the USCIS RFE Policy Change now in effect, immigration attorneys are urging applicants to make sure all required initial evidence is included when filing and to closely review any pending cases for potential documentation issues.
