29 Aug USCIS may deny petitions without issuing Request for Evidence

By Atty. Crispin Caday Lozano

Effective September 11, 2018, the USCIS issued a policy memorandum that will allow the adjudicators to deny any petition, application or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).  The following is the important rule in the memo.

A. Statutory Denials

Consistent with USCIS practice and regulations, adjudicators will continue issuing statutory denials, when appropriate, without issuing an RFE or a NOID first. This would include any filing in which the applicant, petitioner, or requestor has no legal basis for the benefit/request sought, or submits a request for a benefit or relief under a program that has been terminated. Examples of cases where the issuance of a denial may be appropriate without prior issuance of an RFE or a NOID include, but are not limited to:

1. Waiver applications that require a showing of extreme hardship to a qualifying relative, but the applicant is claiming extreme hardship to someone else and there is no evidence of any qualifying relative;
2. Family-based visa petitions filed for family members under categories that are not authorized by statute.

B. Denials Based on Lack of Sufficient Initial Evidence

If all required initial evidence is not submitted with the benefit request, USCIS in its discretion may deny the benefit request for failure to establish eligibility based on lack of required initial evidence.

Examples of filings that may be denied without sending an RFE or a NOID include, but are not limited to:

1. Waiver applications submitted with little to no supporting evidence; or

2. Cases where the regulations, the statute, or form instructions require the submission of an official document or other form or evidence establishing eligibility at the time of filing and there is no submission. For example, family-based or employment-based categories where an Affidavit of Support (Form I-864), if required, was not submitted with the Application to Register Permanent Residence or Adjust Status (Form I-485).

Based on this memo it is very important to consult first with an Immigration Attorney to avoid an outright denial of petition or application.  If an application or petition is summarily denied then the effect is the lost of priority date and the opportunity to have an early resolution of the petition or application.

In addition, under current processing, the issuance of work permits is taking 5 to seven months instead of the usual 90 days.  Therefore for those who need to renew work permits, they should renew early to allow for a delay of work permit for up to seven months.

Note:   This is for information purposes only and not a legal advice.

SUCCESS STORIES

1. For the month of August 2018, we received an approval of three Naturalization applications and two adjustment of status applications.
2. On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
3. For the months of May to June 2018, we have received four Naturalization applications approvals and two Adjustment of Status approvals
4. On April 18, 2018, we received a grant of waiver from Immigration Court for a husband and wife client who made a misrepresentation of their  marital status but has no criminal records, has long residence and strong family ties in the U.S.
5. On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of misrepresentation in applying for a visa  for our client who has been in the   U.S. for 26 years, no criminal record and strong family ties in the U.S.
6. On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
7. For the month ending March 31, 2018, we received approvals for four naturalization applications.
8. For the week ending March 31, 2018, we received approvals of six Adjustment of Status, two Application to Remove Condition on Residence and two Renewal of Green Card approvals.
9. On March 9, 2018, we received an approval from USCIS for adjustment of status for a client who was abused by her spouse.  The I-601 waiver was approved based on extreme hardship.
10. On February 15, 2018, we received a grant from Immigration Judge for a waiver of misrepresentation for a client who has been in the U.S. for long period of time.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem    gets worse which could lead to deportation and family separation.

Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers Association.  He specializes in immigration law and personal injury.  For free consultation email or call (info@ccllaw.net / 1-877-456-9266)