3 weeks ago

USCIS restores officers' discretion to deny incomplete immigration requests

USCIS restores officers' discretion to deny incomplete immigration requests
USCIS restores officer discretion to deny incomplete immigration benefit applications - Telegraph India · telegraphindia.com

There is a government office in America called USCIS that helps people get permission to visit, live, or work in the country.

People who want this permission must fill out many important forms and send proof that they qualify.

In the past, if someone's forms were missing something, the office usually asked them to send the missing information before making a decision.

Under new rules, the office can now say 'no' right away if the forms are incomplete or don't show that the person qualifies.

The people asking for permission must prove they are allowed to get it.

The new rules started right away and also apply to people who were already waiting for an answer.

If the office sends a letter asking for more information to someone outside America, that person gets 14 extra days to reply.

The office made this change because some people were getting extra benefits, like permission to work, while they waited.

The office can still ask for more information when it thinks that is the right thing to do.

Key facts

Agency
U.S. Citizenship and Immigration Services (USCIS)
Policy change
Officers may deny incomplete benefit requests without first issuing an RFE or NOID
Burden of proof
On the requestor to establish eligibility at filing and through adjudication
Previous response period
12 weeks for responding to RFE/NOID
Deadline extension
14 additional days when RFE/NOID mailed outside the United States
Effective date
Immediate; applies to pending and new applications
Stated concern
Incomplete filings used to obtain employment authorization and other ancillary benefits

Quotes

U.S. Citizenship and Immigration Services

Agency statement on eligibility requirements

“"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."”
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