Outright Denials Without Request for Evidence (RFE) or Notice of Intent to Deny (NOID) (PM-602-0163)

Policy effect

USCIS rescinded the 2013 'no possibility of establishing eligibility' constraint, restoring full statutory discretion to adjudicators to deny applications, petitions, and requests for agency action without first issuing an RFE or NOID when required initial evidence is not submitted or the evidence of record fails to establish eligibility. Phase scope: Applies nationally to all affirmative benefit applications, petitions, and requests received on or after September 11, 2018 (excluding DACA adjudications)

Conditions and exceptions

Validated condition or limit: USCIS rescinded the 2013 'no possibility of establishing eligibility' constraint, restoring full statutory discretion to adjudicators to deny applications, petitions, and requests for agency action without first issuing an RFE or NOID when required initial evidence is not submitted or the evidence of record fails to establish eligibility.; Phase scope: Applies nationally to all affirmative benefit applications, petitions, and requests received on or after September 11, 2018 (excluding DACA adjudications)

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… determined that there was no possibility that the benefit requestor could overcome a finding of ineligibility by submitting additional evidence. 1 In 2018, USCIS rescinded this “no possibility” policy and issued guidance stating that officers may deny benefit requests for lack of initial evidence without first sending an RFE or NOID. 2 The 2018 policy change resulted in USCIS denying certain benefit requestors an immigration benefit even though they would have demonstrated their eligibility if given a chance to provide additional evidence. These eligible benefit requestors had to have their cases … Requests for Evidence and Notices of Intent to Deny, PM-602-0085, issued June 3, 2013. 2 See Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b), PM-602-0163, issued July 13, 2018. PA-2021-11: Requests for Evidence and Notices of Intent to Deny Page: 2 immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. 3 Policy Highlights • Explains that an officer should generally issue an RFE or NOID if the officer determines there is a possibility the benefit requestor can …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2018

• 2018-01-19Requirement to Articulate Particular Social Groups Before the Immigration Judge (Matter of W-Y-C- & H-O-B-)
• 2018-03-05Vacatur of Requirement for Full Evidentiary Hearings in Asylum Claims (Matter of E-F-H-L-)
• 2018-04-06Zero-Tolerance Policy for Southwest Border Offenses Under 8 U.S.C. § 1325(a)
• 2018-05-15Tenant-occupancy methodology withdrawn for EB-5 job forecasts
• 2018-05-17Matter of Castro-Tum: Restriction on General Administrative Closure Authority
• 2018-06-11Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), Interim Decision #3929
• 2018-08-16Standards for Continuances to Pursue Collateral Relief in Removal Proceedings (Matter of L-A-B-R-)
• 2018-09-18Limitation on Immigration Judges' Inherent Authority to Terminate or Dismiss Removal Proceedings (Matter of S-O-G- & F-D-B-)
• 2018-10-01Expanded Issuance of Notices to Appear (NTAs) for Denied Status-Impacting Applications
• 2018-10-04Presidential Determination on Refugee Admissions for Fiscal Year 2019
• 2018-11-01Medical-report validity recalculated from the civil surgeon signature