Even legal immigrants can be deported from the U.S., according to a new policy adopted by the United States Citizenship and Immigration Services (USCIS).
When people file applications with the USCIS to receive immigration benefits, they will have to file their applications with certain supporting documents. They can find the list of those documents on the form filing instructions. When the USCIS offices believe that they need additional information to process a certain case, they will issue a Request for Evidence (RFE).
These notices are sent to immigrants if their applications have a problem or if the USCIS needs more information to decide on their case and to make sure the applicants are eligible for the immigration benefit they have applied for. Applicants who receive an RFC could send the required additional evidence and once the USCIS receives it, it would continue to process their cases.
A policy created in 2013 instructs immigration officers to issue RFS’s to applicants when they think there is some information missing and that they can obtain it from the applicants by issuing an RFE. The policy states, “USCIS has the discretion to issue RFEs and NOIDs in appropriate circumstances”. It also states that the applications can be denied only if there is no possibility that the missing information can be obtained from applicants and that it may not be helpful in processing the application.
After this policy was adopted, most immigration cases that had problems were issued RFEs. Likewise, applicants were also given time to respond to the RFE and send the required documents. A Notice of Intent to Deny will be sent to an applicant to notify them that the USCIS is getting ready to deny their applications. This notice will include the reason why their applications will be denied. It also gives the applicants a chance to respond to the USCIS.
Now the USCIS has adopted a new policy that allows immigration officers to decide whether to deny an application or to send an RFE. According to this policy, the adjudicator can even deny an application without first issuing an RFE. Your application can be denied and you may not be given a chance to fix the issue. This policy does not only apply to those applying for temporary visas or those applying for immigrant visas and green cards.
The new policy states, “This policy is intended to discourage frivolous or substantially incomplete filings used as ‘placeholder’ filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence.”