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 an 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, the 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.