USCIS restores power to deny incomplete immigration applications immediately

USCIS has restored officers' power to deny incomplete immigration benefit applications without first seeking more documents. The move tightens scrutiny from the outset and could speed rejections for applicants who file without required proof.

In Short

• New guidance applies immediately to pending cases and fresh submissions alike
• Earlier rules gave applicants 12 weeks to answer evidence requests from officers
• Applicants filing from abroad earlier got 14 extra days for replies

The US Citizenship and Immigration Services (USCIS) has restored officers' discretion to deny immigration benefit requests if applicants file incomplete applications or do not submit the documents needed to prove eligibility. The new policy has come into effect immediately and applies to both pending applications and new filings.

Earlier, applicants were given 12 weeks to respond to requests for further evidence made by immigration officers on applications for change or extension of immigration status, green cards, visas or naturalisation. An additional 14 days was also added to the response deadline when a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) was mailed outside the United States.

In a statement issued in Washington on Wednesday, the USCIS said, "The burden is on the requestor to establish that he or she is eligible for the requested benefit at the time of filing the benefit request and that he or she continues to be eligible through adjudication."

It said that if a benefit requestor fails to show eligibility for a benefit or does not provide all required initial evidence while filing an application, the agency may deny the immigration benefit request without first issuing an RFE or NOID.

Under the new guidance, officers may deny a benefit request for lack of required initial evidence, deny requests that fail to establish eligibility at filing, or issue an RFE if they determine it is appropriate. The USCIS also noted concerns that some applicants used incomplete filings to obtain ancillary immigration benefits, including employment authorisation, while waiting for a decision on the underlying case.

In effect, the revised policy gives USCIS officers wider discretion to reject incomplete or ineligible applications at the outset, replacing the earlier approach that allowed applicants more time to submit additional material.

With PTI Inputs

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