USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny(merged)

[azblk 338]

2 minutes ago, SteveE said:

And may I ask for your conclusive evidence of this? Where does it clearly indicate that under this new policy a case will definitely NOT be denied in these cases?

No where. It like these people cant see the unintended/intended consequences of this memo. It is now up to the IO to decide whether to issue a issue an RFE or outright denial.

 

[Crazy Cat 39,192]

3 minutes ago, azblk said:

You go out of status when your i-94 expires. Since most people typically get 3 months on i-94. By the time i-485 is ruled on you are out of status.

You gain "authorized stay" until the AOS is pending.   Therefore, a prudent and thinking person would file before expiration of the I-94.  This was the case before Trump, and he has changed nothing regarding this.

[aznhouston 124]

5 minutes ago, azblk said:

Yes

 

1. if you are denied - it does not matter what your status was at time you filed. You will now get a NTA unless you have a dual intent status.

3. show me different evidence. Even one or two cases is way too many> if the petitioner can not make a mistake then we should hold the USCIS to the same standard.

How much money would you pay for my service, I can look it up the statistics for you, but it will cost.

To give you a hint, the following websites contain a lot of numbers:

 

https://www.uscis.gov/tools/reports-studies/immigration-forms-data

https://www.dhs.gov/immigration-statistics/yearbook

 

They have cases approved and the estimated numbers of application per year. Read it up. The statistics goes against your claim here.

[azblk 338]

Just now, missileman said:

You gain "authorized stay" until the AOS is pending.   Therefore, a prudent and thinking person would file before expiration of the I-94.  This was the case before Trump, and he has changed nothing regarding this.

Nothing has changed in regards to that. Read the memo because it seems to me you arguing about something else. What has changed is now you can get denied expressly without getting an RFE/NOID even if the case is approvable with more evidence. You then get an NTA and have to appear in immigration court as the USCIS can not longer deal you as you are in removal.

[azblk 338]

3 minutes ago, hoangthaihuy said:

How much money would you pay for my service, I can look it up the statistics for you, but it will cost.

To give you a hint, the following websites contain a lot of numbers:

 

https://www.uscis.gov/tools/reports-studies/immigration-forms-data

https://www.dhs.gov/immigration-statistics/yearbook

 

They have cases approved and the estimated numbers of application per year. Read it up. The statistics goes against your claim here.

I believe I have already looked at those numbers. They show nothing about so called placeholder applications. Only approvals and denials.

[aznhouston 124]

11 minutes ago, SteveE said:

And may I ask for your conclusive evidence of this? Where does it clearly indicate that under this new policy a case will definitely NOT be denied in these cases?

1. Medical: Form I485 Instruction says:

 

"You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if you wish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination."

 

2. Not filing I864 while having a sponsor: Form I864 Instruction says:

"Who Needs to Submit Form I-864?:

1. All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age and older);

2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens 21 years of age and older); and

3. Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition"

 

 

[MjC772 94]

 

[SteveE 25]

7 minutes ago, hoangthaihuy said:

1. Medical: Form I485 Instruction says:

 

"You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if you wish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination."

 

2. Not filing I864 while having a sponsor: Form I864 Instruction says:

"Who Needs to Submit Form I-864?:

1. All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age and older);

2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens 21 years of age and older); and

3. Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition"

 

 

So then by your own example, you could be immediately denied for not filing an I-864 as the primary sponsor unlike you indicated when you said NO before?

 

And for the time being you do NOT have to submit a medical at the time of the application. So that one you are correct on.

[aznhouston 124]

1 minute ago, SteveE said:

So then by your own example, you could be immediately denied for not filing an I-864 as the primary sponsor unlike you indicated when you said NO before?

 

And for the time being you do NOT have to submit a medical at the time of the application. So that one you are correct on.

They will simply reject before it even goes deeper into the process. 

And how can you "forget" the form I864 if you actually read the instruction?

 

[SteveE 25]

1 minute ago, hoangthaihuy said:

They will simply reject before it even goes deeper into the process. 

And how can you "forget" the form I864 if you actually read the instruction?

 

People do and there is plenty of evidence of this if you read immigration forums and their cases do not get rejected they receive an RFE. 

 

The entire AOS process is complicated and at times nerve wracking. There are many opportunities to make honest mistakes during the process that are just that, honest mistakes and not frivolous filings. There are also many cases of people using lawyers for the process and their lawyers who are supposedly versed in the process make errors in the initial filing that lead to RFE's. 

 

Look at the complexity and size of the i-485 today compared to what it was two years ago.

 

Each of these changes makes the AOS process more daunting and potentially costly for people. 

 

If you truly want to believe that this policy is purely to discourage frivolous filings, then please feel free to do so. 

[Crazy Cat 39,192]

25 minutes ago, SteveE said:

People do and there is plenty of evidence of this if you read immigration forums and their cases do not get rejected they receive an RFE. 

 

The entire AOS process is complicated and at times nerve wracking. There are many opportunities to make honest mistakes during the process that are just that, honest mistakes and not frivolous filings. There are also many cases of people using lawyers for the process and their lawyers who are supposedly versed in the process make errors in the initial filing that lead to RFE's. 

 

Look at the complexity and size of the i-485 today compared to what it was two years ago.

 

Each of these changes makes the AOS process more daunting and potentially costly for people. 

 

If you truly want to believe that this policy is purely to discourage frivolous filings, then please feel free to do so. 

"

• Waiver applications submitted with  little to no supporting evidence; or
• Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

This is what is targeted......BASIC filing requirements!!

[SteveE 25]

2 minutes ago, missileman said:

"

• Waiver applications submitted with  little to no supporting evidence; or
• Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

This is what is targeted......BASIC filing requirements!!

And as I clearly stated an I-845 being included for the co-sponsor just not for a primary sponsor as they had no income.

 

The reality is you cannot clearly know what may result in an RFE or a rejection under this new guidance. 

 

 

[bashray 24]

This memo has really created a great panic among legal working immigrant community and I believe for the right reasons. USCIS adjudicators now have more power to take actions against immigrant by right out denying cases without issuing RFEs or NOID. Less work for them and more time to Google while at work. 

 

Besides other obvious reasons (fraud, frivolous filing, incomplete application etc) I suspect that adjudicators who happened to have a bias against immigration will now have more unchecked free hand to do whatever they want and issues denial just for the heck of it. I am feeling bad for the people who will suffer the consequences of these biases from these adjudicators. At purely human level, this memo is very very dangerous to the people whose lives are about to get ruined. 

 

Edited July 15, 2018 by bashray

[Crazy Cat 39,192]

1 minute ago, bashray said:

I suspect that adjudicators who happened to have a bias against immigration will now have more unchecked free hand to do whatever they want and issues denial just for the heck of it.

Nothing....absolutely NOTHING about this new guidance even remotely suggest what you posted.......you are spreading baseless, dangerous speculation......people normally come here looking for accurate information, not unhinged fear mongering.

[bashray 24]

Just now, missileman said:

Nothing....absolutely NOTHING about this new guidance even remotely suggest what you posted.......you are spreading baseless, dangerous speculation......people normally come here looking for accurate information, not unhinged fear mongering.

I am not doing fear mongering, I am just talking about a possible impact that this memo might have. We are humans and we all have biases, and with the current political environment these biases knowingly or  unknowingly may impact a person's decision making process. As I said, laws are there to enforce and I am not disagreeing with that just made a comment in the context of what is going on in immigration lately.