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Immigration Law

New USCIS Policy on RFEs, NOIDs (effective Sept. 11, 2018)

USCIS, July 13, 2018 - "SUBJECT: Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b)

Purpose

This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) adjudicators regarding the discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not submitted or if the evidence in the record does not establish eligibility.

Previous guidance

This PM rescinds in its entirety the June 3, 2013 PM titled “Requests for Evidence and Notices of Intent to Deny” (2013 PM) regarding an adjudicator’s discretion to deny an application, petition, or request without issuing an RFE. This PM incorporates those portions of the 2013 PM which are still intended to govern USCIS adjudications."