USCIS’ new policy seeks to speed up process

U.S. Citizenship and Immigration Services has updated its policy guidelines in denying or approving applications, petitions, or requests in a bid to speed up the process and prevent frivolous claims.

USCIS’ new policy gives its immigration officers the authority to immediately deny incomplete and ineligible petitions without issuing requests for evidence, or RFEs, or NOIDs, or notices of intent to deny.

USCIS’ policy memorandum would guide adjudicators in using their discretion to deny even without first issuing a request for evidence even when the required initial evidence were not yet submitted or the evidence on record failed to show eligibility.

USCIS used to issue RFEs or NOIDs when the applicant or petitioner failed to submit the required initial evidence or the evidence on record failed to establish eligibility.

The new guidelines took effect last Tuesday, Sept. 11, and the new policy would be used for all applications, petitions, or requests that USCIS received after the date of effectivity.

The memorandum rescinds the June 3, 2013, policy memo where RFEs are not to be issued when the applicant/petitioner has already submitted papers that establishes eligibility or ineligibility for the particular request.

“However, where the record does not establish eligibility or ineligibility, the 2013 policy memo limited adjudicators’ discretion to adjudicate cases based on the record,” said the new USCIS policy memorandum.

“Yet, 8 CFR 103.2(b)(8) provides that an adjudicator, under the circumstances described in the regulation, may either deny the application, petition, or request, or issue an RFE or a NOID when the record does not establish eligibility.”

USCIS director L. Francis Cissna said questionable applications used to clog up their files and slowed down the process instead of speeding things up, affecting the legitimate petitions.

“For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners. Through this long overdue policy change, USCIS is restoring full discretion to our immigration officers to deny incomplete and ineligible petitions submitted for immigration benefits,” said Cissna. “Doing so will discourage frivolous filings and skeletal applications used to game the system, ensure our resources are not wasted, and ultimately improve our agency’s ability to efficiently and fairly adjudicate requests for immigration benefits in full accordance with our laws.”