Effective September 11, 2018, USCIS adjudicators will have full discretion to deny any applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, without first issuing an Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), if all required initial evidence is not submitted.
The USCIS policy memo, issued on July 13, 2018, means that rushing to file a case without having all the documents can be fatal to the client’s chance of a successful outcome. As a professional Immigration Law Firm, we have always flexed our processes when possible to help clients reach their green card goals. This new policy has necessitated a change in our practices: where we could once be flexible and work around missing documentation, we will now be evaluating the options for complying with the new policy to ensure the best possible outcomes for our clients.
For example, prior to this policy change we were regularly able to file an AOS marriage case using a copy of the marriage license. This practice is no longer: the copy of the marriage license is not considered proof of marriage since it only shows that a request for a marriage certificate has been filed. The marriage certificate itself is the only proof that shows that a government office has accepted and approved the marriage.
We will be carefully considering each client case to ensure compliance with the new USICS policy. The landscape of immigration law is continuously evolving, and it’s essential to have informed help to successfully guide you through the process. If you, or someone you know, needs assistance with an AOS Marriage Case, or another immigration matter, please contact us at firstname.lastname@example.org. Our knowledgeable team will be happy to assist you.