In June 2021, the USCIS announced its intention to rescind its adjudicative policy dated July 2018, whereby USCIS officers were granted unfettered discretion to deny petitions and applications for immigration benefits based on the evidence of record (i.e. the evidence filed with the petition or application), without first issuing a Request For Further Evidence (RFE) or a Notice of Intent to Deny (NOID).
The USCIS have announced that they will revert to the adjudicatory practices outlined in their June 2013 policy, whereby USCIS officers are required to issue an RFE or a NOID, where there is a possibility that requesting additional evidence may result in the petitioner or applicant being found eligible to receive the immigration benefit in question. Issuance of an RFE or NOID may effectively allow a petitioner or applicant the opportunity to rectify any evidential issues with their case, by forwarding additional evidence, without automatic denial of the petition or application in question. The USCIS cited the Biden Administration’s commitment to eliminating “unnecessary barriers” to the US immigration system, in support of its decision.
While this is excellent news, it is important to note that an RFE or NOID may not necessarily be issued in every case if, for example, the USCIS take the view that the evidential issue with the case cannot be cured, or that the petitioner or applicant is simply not entitled in the immigration benefit in question. Moreover, as previously noted, there is no automatic right of appeal in the event a visa application is denied. Denial of an immigrant visa may render an individual unable to enter the US in any capacity in foreseeable future, due to the demonstration of immigrant intent. As such, legal representation is always advisable to maximize prospects of success and ensure the process is as smooth and efficient as possible.
Davies Legal Immigration
At Davies Legal Immigration, we represent clients in connection with all types of US immigration. We provide a comprehensive service, including clear and concise advice from the outset, a pragmatic approach and efficient working practices. We understand the importance of our cases to clients and adopt a well-reasoned, diligent approach, in order to maximize your prospects of success. Call now to speak to a licensed US immigration attorney and obtain a free, no obligation quote.
