USCIS will deny more immigration benefits without asking for extra evidence first

USCIS announced a policy change aimed at reducing “frivolous” or incomplete immigration benefit requests. The agency says it is clarifying that applicants must establish eligibility at the time they file and include all required initial evidence.

Under the updated approach, if a benefit requestor does not demonstrate eligibility or does not provide required initial evidence when filing, USCIS may deny the request without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).

USCIS also says this policy amends a prior Biden-era approach that generally encouraged officers to request evidence before denying, even when an application was incomplete or clearly missing evidence that the form instructions required. USCIS says the earlier approach could allow “placeholder” filings to slow processing and potentially delay decisions on cases.

USCIS states it has restored officers’ discretion to deny in “various situations,” and that the change is intended to help USCIS use resources more efficiently and focus on merit-based requests.

For the official announcement, see the USCIS alert: https://www.uscis.gov/newsroom/alerts/uscis-to-reduce-frivolous-immigration-benefits-requests-by-reinforcing-evidence-standards