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WASHINGTON – U.S. Citizenship and Clearing Services (USCIS) on Friday acquaint a policy announcement (PDF, 113 KB) (PM) that provides advice to USCIS adjudicators apropos their acumen to abjure an application, petition, or appeal afterwards aboriginal arising a Appeal for Affirmation (RFE) or Notice of Intent to Abjure (NOID) back adapted antecedent affirmation was not submitted or the affirmation of almanac fails to authorize eligibility.



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This adapted advice is able September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, accustomed afterwards that date. Due to basic injunctions issued by courts in California and New York, this new PM does not change the RFE and NOID behavior and practices that administer to the acknowledgment of DACA requests.



“For too long, our clearing arrangement has been bogged bottomward with barmy or meritless claims that apathetic bottomward processing for everyone, including accepted petitioners. Through this continued behind action change, USCIS is abating abounding acumen to our clearing admiral to abjure abridged and disqualified applications and petitions submitted for clearing benefits,” said USCIS Director L. Francis Cissna. “Doing so will abash barmy filings and ashen applications acclimated to bold the system, ensure our assets are not wasted, and ultimately advance our agency’s adeptness to calmly and adequately adjudge requests for clearing allowances in abounding accordance with our laws.”

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L. Francis Cissna

The 2013 PM addressed behavior for the arising of RFEs and NOIDs back the affirmation submitted at the time of filing did not authorize eligibility. In practice, the 2013 PM bound denials afterwards RFEs or NOIDs to approved denials by accouterment that RFEs should be issued unless there was “no possibility” of approval. This “no possibility” action bound the appliance of an adjudicator’s discretion.

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The action implemented in this advice restores to the adjudicator abounding acumen to abjure applications, petitions, and requests afterwards aboriginal arising an RFE or a NOID, back appropriate. This action is advised to abash barmy or essentially abridged filings acclimated as “placeholder” filings and animate applicants, petitioners, and requestors to be active in accession and appointment adapted evidence.

USCIS will abide arising approved denials back adapted afterwards aboriginal arising an RFE or NOID back the applicant, petitioner, or requestor has no acknowledged base for the benefit/request sought, or submits a appeal for a account or abatement beneath a affairs that has been terminated.If all adapted antecedent affirmation is not submitted with the account request, USCIS, in its discretion, may abjure the account appeal for abortion to authorize accommodation based on abridgement of adapted antecedent evidence. Examples of filings that may be denied afterwards sending an RFE or NOID include, but are not bound to:

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This PM updates Chapters 10.5(a) and 10.5(b) of the USCIS Adjudicator’s Field Manual and contains an “additional considerations” section. The action in this “additional considerations” area is not new, and is about identical to the action independent in the abolished 2013 PM.

For added advice on USCIS and its programs, amuse appointment uscis.gov

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