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Tougher USCIS Denies without issuing warning, RFE or NOID gen92

4,506 views · Published 10 September 2018 · 13:48 · Indexed 23 September 2026

Channel: VisaCoach · 2018 · Howto & Style

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https://www.visacoach.com/uscis-denies-without-rfe-noid/ USCIS under direction of the Trump Administration has initiated two policies that make it tougher for applicants applying for immigration benefits. Previously If an application was missing key elements, USCIS would issue an RFE (Request for Evidence) asking for the missing items, or issue a NOID (Notice of Intent to Deny) warning of potential denial and also asking for the missing items. Now a USCIS reviewer can summarily deny an application without warning, without offering an opportunity to correct errors. And for alien applicants present in the USA, the second policy allows USCIS to immediately begin the steps to deportation, upon the denial.
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USCIS, which was never that helpful, on September 11th 2018 will become less so. In the past when applications for fiance visas,
spouse visas, adjustment of status ran into trouble, because the applicant didn't quite know what he was doing, the reviewer at USCIS often, halted processing, then spent the time and effort to issue a RFE (Request for information) that listed what was missing giving the opportunity to respond and correct the error. Or if a case was in risk of being denied due to
missing materials, a NOID (Notice of Intent to Deny) might be issued, also giving the application an opportunity to correct mistakes. Now USCIS can skip the RFE, skip the NOID and go directly
to denial, and in some cases directly to the start of deportation.

Under the Obama Administration USCIS reviewers were only
allowed to deny out right under the most obviously
ineligible cases. Now Obama’s “friendly” USCIS is a thing
of the past. Under President Trump, two new policies are
now taking effect. First USCIS can now deny, without warning,
without allowing an applicant to fix his problems. No longer
is USCIS required to issue a warning describing what is needed.
No longer required to issue an RFE and ask for more info,
or even a NOID (notice of INTENT to deny) warning that an
application is in jeopardy.

And second and even more troubling, is that if the immigrant
is physically present in the U.S.A., once a decision to
deny is made, USCIS can immediately start deportation proceedings.
Many applicants will be put on track for deportation before
they have a chance to clear bureaucratic glitches or misunderstandings.

Now is not the time to risk making mistakes when filing
applications to immigration.

The new policies are vague in defining under what circumstances
and for what reasons an officer can deny an application.
So it is quite likely that results WILL VARY between
individual USCIS officers. Some will approve, some deny,
and hopefully some will still issue RFE’s or NOIDS.

It remains to be seen how tough USCIS will become, however
in the current atmosphere of President Trump's Administration
where "extreme vetting", and "vigorous enforcement" of
immigration laws is being promoted, it is clear that many
applicants are about to experience hard times.

What is to be done?


Check, check again, and check one more time before submitting
any immigration application.  Insure that all evidences and
required materials are included and the forms properly filled in.

Fortunately that has always been the practice of VisaCoach.
Our policy is to craft each application, touch all bases, and
we "do it right. The first time"

I provide each couple with a detailed, personalized checklist
of everything that should be submitted to USCIS. The list I
create for them is color-coded, Red for Required, Green Highly
Recommended and Black for recommended. Ask my clients about
what happens if they try to get away with not providing me
with all the critical Red items. I become the "squeaky wheel"
that keeps reminding them to provide the items before we can
submit. This policy has paid off for my couples in the past,
and I expect will continue to save them from the troubles that
others will experience due to a tougher USCIS.

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