Effective September 11, 2018, immigration agencies will no longer be required
to issue Requests for Evidence (RFE) or Notices of Intent to Deny (NOID)
prior to denying a application for immigration benefits.
In the past, if additional evidence was needed to approve an immigration
application, such as a spousal petition, fiancé visa, U-visa, etc.
U.S. Citizenship and Immigration Services (USCIS) would identify the deficit
and send the applicant a notice indicating the additional information
or documentation needed to approve the case. Now, new guidance allows
each immigration officer the discretion to summarily deny an application
without giving the applicant an opportunity to send additional information.
This change makes it even more crucial that all immigration petitions
and applications be filed accurately, and with full evidentiary documentation.
In most instances, applicants are allowed to re-file applications, but
must always repay application fees which range from hundreds to thousands
of dollars. Additionally, new Homeland Security directives instruct USCIS
case officers to refer applicants of denied applications who have no legal
status, to immigration court for removal proceedings.
Now, more than ever, those seeking any immigration benefit are wise to
seek the services of an experienced immigration attorney. Contact Kelli
Y. Allen Immigration Law for an in-depth case analysis.