USCIS Updated Information on Issuance of RFEs and NOIDs

U.S. Citizenship and Immigration Services (USCIS) on July 13, 2018, posted a RFE NOID Policy Memorandum (PM) effective September 11, 2018, provided guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility.

The PM updates Chapters 10.5(a) and 10.5(b) of the USCIS Adjudicator's Field Manual and contains an "additional considerations" section. While the policy in this "additional considerations" section is similar to the policy contained in the superseded 2013 PM its ramifications may be far reaching.

On Sept. 6, 2018, the CIS Ombudsman (CISOMB) held a stakeholder teleconference to discuss

the USCIS "Issuance of Certain RFEs and NOIDs" policy memorandum (PM) that was issued

on July 13, 2018. USCIS representatives provided an overview of the memorandum and

addressed many questions submitted in advance by the CISOMB. Below is a link to the summary of the PM and the advance questions and answers from the teleconference. CISOMB RFE NOID PM Q&A

Litwin & Smith is very successful in preparing U.S. non-immigrant and immigrant petitions and applications for processing without Denial, NOID, or RFE. We prepare hundreds of applications and petitions each year. Unlike, many firms who only prepare additional documentation after they receive a RFE or NOID. We prepare our U.S. non-immigrant and immigrant petition and application filings with the required documentation in mind as well as documentation to meet Administrative Appeal Decisions and reported Request for Evidence and NOIDs others have received.