Is it easier for USCIS to deny applications now?
AUGUST 16, 2018
USCIS issues two new policy memos on NTAs (Notice to Appear) and RFEs (request for evidence) and NOIDs (notice of intent to deny). The NTA memo from USCIS dated June 23, 2018 implements President Trumps Executive Order, “Enhancing Public Safety in the Interior of the United States.” This order directs agencies to remove aliens (including those who are deportable or inadmissible) from the U.S. without exceptions. Those who have been:
- Convicted of criminal offense;
- Charged with a criminal offense and hasn’t been resolved;
- Committed an act considered to be a chargeable criminal offense;
- Engaged in fraud/willful misrepresentation in their application;
- Abused any governmental program of public benefits;
- Subject to final order of removal from the U.S. and have not departed the U.S.; or
- Otherwise pose a risk to public safety or national security.
The RFE and NOID Policy memo is another problematic step to overcome for employers and employees/applicants making it easier for officers to refuse visa applications without issuing an RFE or a NOID (notice of intent to deny). This new memo will reverse the previous guidance that allowed officers to deny a case without issuing either an RFE or NOID if they believed that there was “no possibility” the deficiency as found by the officer could be corrected by the applicant or the petitioner. In other words: the officers will now deny cases without providing an opportunity to correct any deficiency. This memo will go into effect September 11, 2018 primarily affecting employment and family-based petitions. It will refuse the legal right for the applicant, petitioner or requester the benefit to submit further evidence to establish eligibility.
Together these two memos will give the beneficiary in employment and family-based cases that have been denied no legal status in the U.S. and result in the issuance of an NTA. Professionals at C.T. Lee & Associates continuously monitor how these memos are being implemented and how they affect individuals and businesses. Call C.T. Lee & Associates to schedule a consultation with us to discuss advising on strategy for your future.
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