Tiếng Việt
In the era of Trump, getting immigration benefits just got more difficult. If you ever applied to the United States Citizenship and Immigration Services (USCIS) for an immigration benefit, such as a green card or a certificate of citizenship, you may have received something in the mail called a “Request for Evidence” (RFE) or a “Notice of Intent to Deny” (NOID). These documents inform the applicant/petitioner that there is an issue with their application/petition and allows the applicant an opportunity to address the issue before having their application/petition denied entirely.
Historically, RFEs and NOIDs were freely issued and USCIS allowed people seeking an immigration benefit an opportunity to fix their application or petition before denial. In these circumstances, USCIS policies required that the petitioner or applicant be given the “proverbial second bite at the apple.”
However, as of September 11, 2018, USCIS officers have been given authority to deny a petition or application without first issuing an RFE or NOID per a new policy memorandum titled “Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b).”
Before this new policy memorandum, immigration officers were instructed that they should issue an RFE and allow the applicant/petitioner an opportunity to respond with more evidence or clarification unless the officer determined that there was “no possibility” that the deficiency in the application/petition could be cured by submission of additional evidence or information. Now with the new policy memorandum, immigration officers may deny requests for immigration benefits outright without providing the applicant/petitioner with an opportunity to fix any oversights or mistakes. In other words, if you don’t include a necessary piece of information or evidence proving what you state in your application, your entire application can be denied.
This policy change comes as a serious blow to individuals who try to navigate the many immigration forms by themselves. It is only natural for someone who is unfamiliar with immigration law to make a mistake on their first attempt at getting an immigration benefit. This means that submitting error-free, well-supported documentation to USCIS is more important than ever.
Having your application or petition denied will cost you both time and a lot of money. For example, the government filing fee for the I-485 Adjustment of Status (a form of green card application) alone is about $1,140. Who wants to pay that twice? Do yourself a favor and have an experienced immigration attorney prepare your immigration application or petition and get it right the first time. The attorneys at Tran Law Firm are happy to help!