USCIS applies new rules: Certain applications may be denied without requests for missing documents

The U.S. Citizenship and Immigration Services (USCIS) is now applying a significant policy change that could lead to the rejection of incomplete immigration benefit applications without prior requests for missing evidence. This new rule, effective August 5, shifts the burden of proof entirely onto the applicant.

Under the updated guidelines, applicants must submit all initial required documentation from the outset and demonstrate they meet the necessary qualifications. The responsibility to prove eligibility rests with the applicant throughout the entire adjudication process. USCIS officers will review the submitted evidence, and if the applicant fails to meet the burden of proof or justify a favorable discretionary decision, the petition may be denied.

This policy update clarifies the distinction between initial and additional evidence, as well as primary and secondary proof. It also specifies the weight given to sworn statements submitted in lieu of official documents. While officers can still issue Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs), they now have the discretion to directly deny a petition if mandatory documentation is missing.

Furthermore, the timelines for responding to RFEs and NOIDs have been adjusted. Officers are no longer obligated to grant the maximum 12-week period for RFE responses, as this is now the upper limit. The maximum response time for a NOID has been reduced to 30 days. These changes aim to streamline the application process but place a greater onus on applicants to ensure their submissions are complete and accurate from the start.