3 weeks ago
US Tightens Green Card Rules, Allows Denials Without Evidence Requests
The United States has rules about who can come and live there.
People who want to stay need to ask the government for permission, and some receive something called a green card.
A group called USCIS checks these requests.
Before, if someone's forms were missing information, the agency would send a warning letter asking for more details.
That gave people time to fix their application.
Now, the agency does not have to send that letter first.
If the application is incomplete, officers can say no right away.
The new rule started immediately and applies to people who already applied and people applying now.
So it is very important to send all the right papers the first time.
USCIS has empowered immigration officers to deny benefit requests without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).
The revised policy took immediate effect and applies to both pending applications and new filings.
It covers applications related to change or extension of immigration status, green cards, visas and naturalisation.
The previous guidance gave applicants 12 weeks to respond, plus 14 additional days when an RFE or NOID was mailed outside the United States.
USCIS says the burden is on applicants to prove eligibility at the time of filing and to remain eligible through adjudication.
- Who
- The US Citizenship and Immigration Services (USCIS) and its immigration officers
- What
- A revised policy allowing officers to deny immigration benefit requests without first issuing a Request for Evidence or Notice of Intent to Deny when applications are incomplete
- Where
- United States, a federal policy announced in Washington
- When
- Immediate effect, applying to both pending applications and new filings
- Why
- To place the burden on applicants to establish eligibility at the time of filing and through adjudication
Key facts
- Agency
- US Citizenship and Immigration Services (USCIS)
- Policy change
- Officers may deny benefit requests without issuing an RFE or NOID
- Effective date
- Immediate; applies to pending and new filings
- Affected benefits
- Change or extension of status, green cards, visas, naturalisation
- Old response window
- 12 weeks to respond to requests for additional evidence
- Old extra window
- 14 additional days when an RFE or NOID was mailed outside the US
- Applicant burden
- Must show eligibility at filing and continue to be eligible through adjudication
- Officer discretion
- May deny, reject, or issue an RFE if additional information is warranted
Sources
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