Thursday, June 13, 2013

USCIS Issues Memo to Clarify RFE and NOID Policies

USCIS issued a new policy memorandum on June 3, 2013 to clarify the role of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in the adjudication of immigration petitions, applications, and other requests.  This memorandum comes following concern that a previous USCIS statement, “RFEs should, if possible, be avoided,” had been taken out of context by some USCIS adjudicating officers.
The new memo emphasizes that, while an RFE may be issued when the facts and the law warrant, it is not to be issued when the evidence already submitted establishes eligibility for a particular immigration benefit.  The memo also reminds USCIS officers of the requisite burden of proof in immigration cases, which is preponderance of the evidence (i.e., more likely than not).
Read more here.

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