USCIS updates policy guidelines for RFE and NOID

The USCIS has updated the policy guidelines for US Citizenship and Immigration Services adjudicators. The new Policy Memorandum is regarding their discretion for denying a request, petition, or application. This is even without issuing an RFE - Request for Evidence or NOID - Notice of Intent to Deny. It will be applicable when necessary initial evidence was not lodged or the record evidence fails to demonstrate eligibility.

The updated policy guidelines by USCIS will become effective from 11 September 2018. These will be applicable to all requests, petitions, and applications received after this date. The only exception will be Deferred Action for Childhood Arrivals adjudications, as quoted by the USCIS Gov.

US Courts in New York and California have issued preliminary injunctions for DACA policies. Thus, the new policy guidelines do not alter the NOID and RFE policies for these requests.

1. Francis Cissna the Director of USCIS said that the immigration system of the US has for long been bogged down with meritless or frivolous claims. These slow down the pace of processing for all applicants including lawful applicants, he added.

The new policy guidelines have been overdue, explained the Director. USCIS is instilling full discretion to the US Immigration Officers. This is with the aim of rejecting ineligible and incomplete applications, said Cissna. Petitions submitted for immigration advantage will also be included, he added.

The Policy Memorandum aims to curb skeletal applications and frivolous filings used to manipulate the system said the Director of USCIS. It will also ensure that the resources are not wasted. Finally, the efficiency and ability of the agency to fairly decide applications for immigration benefits as per the law will be enhanced, he added.

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