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ARTICLE · 24 JULY 2018

USCIS Adjudicators Given The Go-Ahead To Deny Cases Without First Issuing A Request For Evidence

Ogletree, Deakins, Nash, Smoak & Stewart
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They may also want to consider what level of involvement they will have if one of their sponsored employees is placed in removal proceedings.

United StatesImmigration

Effective September 11, 2018, adjudicators for U.S. Citizenship and Immigration Services (USCIS) will have the authority to deny any application or petition that is incomplete or lacks sufficient evidence without first issuing a request for evidence (RFE) or notice of intent to deny (NOID). The new guidelines are a reversal of the current policy, which requires that an RFE be issued unless there is "no possibility" that the deficiency can be remedied. Depending on the vigor with which it is enforced, this policy shift may eliminate the opportunity for petitioners and applicants to correct simple errors, like missing documents, or to beef-up documentation in support of an applicant's eligibility, before the case is denied.

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