Van Der Hout LLP

USCIS Not Obligated to Issue RFEs and NOIDs in the Case of a Deficient Filing

USCIS Not Obligated to Issue RFEs and NOIDs in the Case of a Deficient Filing
September 12, 2018
At the same time that immigration judges are having their discretion restricted, USCIS adjudicators are having their discretion expanded. The governing regulations explicitly provide an adjudicator the discretion to deny a case outright if the record does not establish eligibility for the immigration benefit, or issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) to further develop the record. However, the previous policy directed that an adjudicator should issue an RFE unless there was “no possibility” that the deficiency could be cured by the submission of additional evidence, thereby limiting the discretion of adjudicators to an extent. Read More
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