USCIS changes rules: Your visa, green card immigration applications can now be denied without warning

Applicants seeking US immigration benefits will now face stricter scrutiny as the US Citizenship and Immigration Services (USCIS) has restored officers’ authority to reject applications that are incomplete or lack sufficient evidence of eligibility. The policy, effective immediately, applies to both pending cases and new applications.

The move changes the earlier approach, under which applicants were generally given additional time to respond to requests for missing documents or evidence. Previously, immigration officers issued Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs), allowing applicants an opportunity to provide additional material before a final decision.

The earlier response window was 12 weeks, with an additional 14 days provided in cases where RFEs or NOIDs were sent to applicants outside the US.

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USCIS shifts burden to applicants

In a statement issued from Washington, USCIS said applicants are responsible for proving their eligibility from the time they submit their request and throughout the review process.

"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," the agency said.

The USCIS added that applications may now be denied without first issuing an RFE or NOID if applicants fail to provide required initial evidence or cannot establish eligibility for the benefit being sought.

Wider discretion for officers

Under the updated guidance, officers can deny applications at the initial stage if mandatory documents are missing, eligibility requirements are not met at the time of filing, or the evidence submitted does not support the request.

However, officers can still issue an RFE if they believe additional information could help determine eligibility.

USCIS said the change also addresses concerns that some applicants were filing incomplete applications to access related immigration benefits, including employment authorisation, while their main cases remained pending.

The revised policy effectively places greater responsibility on applicants to submit complete and accurate applications from the beginning, reducing the scope for correcting major gaps after filing.

(With inputs from PTI)