USCIS Issues Policy Memorandum on RFEs and NOIDs

USCIS issued a Policy Memorandum providing guidance to adjudicators regarding the discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). The Policy Memorandum rescinds the existing “no possibility” policy and affords USCIS adjudicating officers discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID. USCIS indicates that the new policy is intended to discourage frivolous or substantially incomplete filings used as “placeholders” and to encourage applicants to be diligent in collecting and submitting required evidence. The Policy Memorandum is effective September 11, 2018.