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

[George & Roth 1,485]

Just now, Unidentified said:

And imagine the post that counts how many posts and threads have been made about it!  

 

haha, define "counts" 

[Unidentified 2,930]

Just now, George & Roth said:

 

haha, define "counts" 

count¹

kount/

verb

3rd person present: counts

1. 1.

   determine the total number of (a collection of items).

   "I started to count the stars I could see"

   synonyms:

   add up, add together, reckon up, total, tally, calculate, compute, tot up; More

   • recite numbers in ascending order, usually starting at the number one.

     "hold the position as you count to five"
   • recite or display numbers backward to zero to indicate the time remaining before the launch of a rocket or the start of an operation.

     "the floor manager pointed at the camera and counted down"
   • prepare for a significant event in the short time remaining before it.

     "with more orders expected, the company is counting down to a bumper Christmas"
2. 2.

   take into account; include.

   "the staff has shrunk to four, or five if you count the summer intern"

   synonyms:

   include, take into account, take account of, take into consideration, allow for "a company with 250 employees, not counting overseas staff"

   • include someone in an activity or the plans for it.

     "if the project gets started, count me in"
   • regard or be regarded as possessing a specified quality or fulfilling a specified role.

     "she met some rebuffs from people she had counted as her friends"

     synonyms:

     consider, think, feel, regard, look on as, view as, hold to be, judge, deem, account "I count it a privilege to be asked"

3. 3.

   be significant.

   "it did not matter what the audience thought—it was the critics that counted"

   synonyms:

   matter, be of consequence, be of account, be significant, signify, be important, carry weight "it's your mother's feelings that count"

   • (of a factor) play a part in influencing opinion for or against someone or something.

     "he hopes his sportsmanlike attitude will count in his favor"
   • be worth (a specified amount).

     "he has no power base and his views count for little"
   • be included in an assessment of (a final result or amount).

     "reduced rate contributions do not count toward your pension"
   • rely on.

     "whatever you're doing, you can count on me"

     synonyms:

     rely on, depend on, bank on, trust (in), be sure of, have (every) confidence in, believe in, put one's faith in, take for granted, take as read "you can count on me"

noun

plural noun: counts

1. 1.

   an act of determining the total number of something.

   "at the last count, fifteen applications were still outstanding"

   synonyms:

   calculation, computation, reckoning, tally;  formalenumeration "at last count, the committee had 57 members"

   • the total determined by counting.

     "there was a moderate increase in the white cell count in both patients"

     synonyms:

     amount, number, total "her white blood cell count"

2. 2.

   an act of reciting numbers in ascending order, up to the specified number.

   "hold the position for five counts"

   • BOXING

     an act of reciting numbers up to ten by the referee when a boxer is knocked down, the boxer being considered knocked out if still down when ten is reached.
   • BASEBALL

     the number of balls and strikes that have been charged to the batter, as recalculated with each pitch.

     "the count on Gwynn is 1 ball and 2 strikes"
3. 3.

   a point for discussion or consideration.

   "the program remained vulnerable on a number of counts"

   • LAW

     a separate charge in an indictment.

     "he pleaded guilty to five counts of murder"
4. 4.

   the measure of the fineness of a yarn expressed as the weight of a given length or the length of a given weight.

   • a measure of the fineness of a woven fabric expressed as the number of warp or weft threads in a given length.

Origin

Middle English (as a noun): from Old French counte (noun), counter (verb), from the verb computare‘calculate’ (see compute).

 

Source: google. 

 

I am not talking about a European nobleman. 

[Jeanne Adil 1,651]

3 hours ago, Zumbadaddy said:

https://www.cnn.com/2018/07/16/politics/visa-policy-changes/index.html

Read the USCIS post as it will cut down on the applicaions half-done that  and bind and slow down the system

those of us who have gone the long route for visa think it should improve the system

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

[George & Roth 1,485]

Just now, adil-rafa said:

Read the USCIS post as it will cut down on the applicaions half-done that  and bind and slow down the system

those of us who have gone the long route for visa think it should improve the system

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

1

Cutting down on those is a good move, just as long as it doesn't lead to a material amount of improper rejections. 

 

Too many instances of the USCIS asking for evidence which they already had. Those RFE were a nuisance, change that to a rejection and it's much more than a nuisance. If this just removes from the pile those applications which are poor/lazy on the part of the petitioner it can only be a positive. 

 

This could, in fact, decrease processing times for those that hand in proper petitions. 

[Crazy Cat 39,313]

13 minutes ago, adil-rafa said:

Read the USCIS post as it will cut down on the applicaions half-done that  and bind and slow down the system

those of us who have gone the long route for visa think it should improve the system

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

Well said.....Thank you for a reasonable analysis.  I have actually seen posts which describe the change as giving USCIS personnel unchecked authorization to deny any case because they just want to.......and  "It sends a message of reduce immigration by any means necessary".......

 

Odd that some people gripe about the long processing times, but immediately smear Trump when a positive action is ut in place to help remedy the problem....

 

[Springrain22 427]

"the government can deny visas if applications do not include all the necessary information when submitted" -- what is exactly wrong with this? This is great. Instead of sending RFEs, USCIS workers will be busy with real applications from real people who really care about their cases. Trump is the best.

[florida racer 73 200]

30 minutes ago, missileman said:

Well said.....Thank you for a reasonable analysis.  I have actually seen posts which describe the change as giving USCIS personnel unchecked authorization to deny any case because they just want to.......and  "It sends a message of reduce immigration by any means necessary".......

 

Odd that some people gripe about the long processing times, but immediately smear Trump when a positive action is ut in place to help remedy the problem....

 

Like I said the only people that will have a problem with this is the ones that are trying to play the immigration system

[shumway1756 304]

1 hour ago, George & Roth said:

The main thing I would be concerned with is the rejection of petitions based on an error by the adjudicator/USCIS staff. 

 

Specifically, I am referring to those number of cases which received an RFE for something that was already provided, for example, there were people receiving an RFE for passport photos which were already included in the original file. I have seen this happen a significant number of times already, where I have a legitimate concern that a material number of people would be incorrectly rejected.

Overall I have no problem with these changes, I think they're good and will cut down on a lot of waste. However you've echoed the one thought in the back of my mind, that adjudicator negligence (which we know happens) could now have some more profound impacts on properly filed cases where items were overlooked, etc. But it sounds like the new guidelines call for outright denial when there are significant elements missing, not just an item or two. I do expect that overall the improvements will outweigh the downsides.

[little immigrant 800]

Question.

 

For the Affidavit of Support I-864 you're required to fill out your annual income and the instruction says that you only need to show the most recent tax return. This is what is also says:

 

Quote

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months.

In my case, I sent in the AOS application with all the required documents. However, I received an RFIE and they asked for bank statements, pay stubs, etc etc

 

Will they issue a NTA for this under the new policy in such a case like mine? Even though I sent in all the required documents?

[S&D2020 6]

This is not old news. And me and my fiancé found it very correct. And if you're doing things right then why be worried.

[Pennycat 880]

43 minutes ago, Springrain22 said:

"the government can deny visas if applications do not include all the necessary information when submitted" -- what is exactly wrong with this? This is great. Instead of sending RFEs, USCIS workers will be busy with real applications from real people who really care about their cases. Trump is the best.

We got an RFE for AOS from K1 for the medical exam. The same medical exam that it says clearly in two different places in the instructions that K1s don't have to submit for AOS and which they actually HAD (it's in the envelope you turn in at the border, the adjudicator is supposed to get it from CBP). So in this case it seems like a USCIS error could lead to deportation proceedings. I don't see how we're all cheering giving USCIS, an agency that we all know is just barely a shade over "competent" on its very best day, the ability to just skip right to deportation proceedings when they themselves are the problem at least some of the times. 

Edited July 17, 2018 by Pennycat

[JC&BS 75]

3 hours ago, Cyberfx1024 said:

 

The only people that this is affecting are those that put the very bare minimum into a petition and then submitting it. They are the ones that come on here that get RFE's for not submitting evidence that is common sense needed in a petition because they think that bringing all the evidence to the actual interview is better than front loading the petition. All of this time spent sending and receiving RFEs is better spent on petitions that actually have everything put together the first time.

What if USCIS loses the 130A for example...  then what? The petitioner didn't lose it, they did. Then who suffers? 

[Cyberfx1024 7,978]

4 minutes ago, JC&BS said:

What if USCIS loses the 130A for example...  then what? The petitioner didn't lose it, they did. Then who suffers? 

Why would USCIS lose that? That is the main document that you need to submit the petition. You are just trying to gin up some what if scenario that in all likelihood won't happen.

[JC&BS 75]

Just now, Cyberfx1024 said:

Why would USCIS lose that? That is the main document that you need to submit the petition. You are just trying to gin up some what if scenario that in all likelihood won't happen.

Why would they lose it? Because they are imperfect humans. 

 

I know someone personally who got an Rfe for a missing 130A that she definitely sent in already. It does happen. 

 

[Cyberfx1024 7,978]

8 minutes ago, JC&BS said:

Why would they lose it? Because they are imperfect humans. 

 

I know someone personally who got an Rfe for a missing 130A that she definitely sent in already. It does happen. 

 

Ok, that is pretty rare to say the least.