Policy changes

[DJClaire 134]

Did anyone see this USCIS announcement on Facebook?

 

Does anyone know when this comes into affect how realistically it will affect current applications?

 

 

 

[KazuriSana 324]

QUOTE

 

Effective Date

This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests received after the effective date.

 

END QUOTE

[philipk1 100]

Yes as pointed out it won’t affect you fiancé visa petition but what about when you apply to adjust your status after marriage? If it is after September does it affect us?

[KazuriSana 324]

Read the Memo. Obviously this is aimed, in large part, to applications that are obviously ineligible.

 

"

Examples of cases where the issuance of a denial may be appropriate without prior issuance of an RFE or a NOID include, but are not limited to:

• Waiver applications that require a showing of extreme hardship to a qualifying relative, but the applicant is claiming extreme hardship to someone else and there is no evidence of any qualifying relative;
• Family-based visa petitions filed for family members under categories that are not authorized by statute.

"

[geowrian 22,336]

I doubt this will affect many people...I believe the most significant aspects of it have been in place for a couple year already. People used to apply for benefits with intentionally incomplete applications just to gain a benefit due to filing.

For example, people would file an I-485 just for the period of authorized stay so they could buy time to get other paperwork in order (I-864, proper birth certificates or marriage certificates, etc.). Or people would file an I-485 + I-765 for an EAD, then use said EAD in order to get a job and meet the I-864 requirements that their petitioner could not do so initially. These types of filings have already been addressed via either rejecting the packet for missing required forms, or issuing an RFIE for the I-864 before adjudicating an I-131 or I-765.

 

There's also a bunch of outlier cases where people just filed blatantly incorrect forms to delay a pending process (such as those noted in the post above).

 

Time will tell if this is correct, but I don't see this being a significant issue. It's target is frivolous and so-called "placeholder" filings.

Edited July 14, 2018 by geowrian

[Diane and Chris 651]

14 hours ago, geowrian said:

I doubt this will affect many people...I believe the most significant aspects of it have been in place for a couple year already. People used to apply for benefits with intentionally incomplete applications just to gain a benefit due to filing.

For example, people would file an I-485 just for the period of authorized stay so they could buy time to get other paperwork in order (I-864, proper birth certificates or marriage certificates, etc.). Or people would file an I-485 + I-765 for an EAD, then use said EAD in order to get a job and meet the I-864 requirements that their petitioner could not do so initially. These types of filings have already been addressed via either rejecting the packet for missing required forms, or issuing an RFIE for the I-864 before adjudicating an I-131 or I-765.

 

There's also a bunch of outlier cases where people just filed blatantly incorrect forms to delay a pending process (such as those noted in the post above).

 

Time will tell if this is correct, but I don't see this being a significant issue. It's target is frivolous and so-called "placeholder" filings.

Hopefully, this will decrease these frivolous filings in order to speed up authentic applications!  

[kris&me 572]

from reading the entire post form USCIS it appears they intend to uncluter desks by making applicants include all evidence and not ask for additional with RFE

applicants should be careful to make sure all documents needed at time of application are included