USCIS restores denial discretion for incomplete filings

The United States — United States Citizenship and Immigration Services (USCIS) has restored officers' discretion to deny immigration benefit requests if applicants submit incomplete applications or fail to provide required documents to establish eligibility. The policy, effective immediately, applies to both pending and new filings. Previously, applicants were given a 12-week period to respond to Requests for Evidence (RFE) or Notices of Intent to Deny (NOID), plus an additional 14 days if mailed outside the U.S. Under the new guidance, officers may deny a request for lack of required initial evidence or failure to establish eligibility at filing, without first issuing an RFE or NOID. USCIS stated the change aims to prevent incomplete filings from delaying adjudications and curb misuse of ancillary benefits like employment authorization. The Foundation for India and Indian Diaspora Studies (FIIDS) raised concerns about fairness and due process, while immigration law firm Fragomen, Del Rey, Bernsen and Loewy noted the policy aligns with a similar initiative during the first Trump administration. The change is significant for Indian applicants, who face long green card backlogs and high demand for visas.