MIGRANT MATTERS

IF you commit a mistake in filing a petition or application the first time, the US Citizenship and Immigration Services ( USCIS) now adhere to the rule that applicants are guilty unless proven innocent.

On September 6, 2018, the USCIS released the final policy memorandum on issuing requests for evidence ( RFEs) and notices of intent to deny (NOIDs) which basically gives an applicant just one chance to have the petition considered.

The policy took effect September 11, 2018, an ominous date that should shatter your twin towers of expectation: the tower of receipt and tower of approval.

Most petitions and applications, if found complete and eligible for processing, are issued the notice of receipt. After assessment for eligibility for the immigration

approval is sent to the petitioner or applicant – as the case may be.

This policy could affect seven million petitions and applications the USCIS receive annually, according to the USCIS website.

“These petitions and applications typically allow foreign nationals to stay in United States as lawful permanent residents (LPR) or immigrants, to stay temporarily to work as nonimmigrants, or to obtain US citizenship.”

The most common family-based case is the I-130 petition for alien relative, the I-485 application to register permanent residence of ad-

of support. Whether the applicant is outside the United States, e.g., the Philippines, or applying for adjustment of status in the US,

required for both applicants.

The most common nonimmigrant applications are the I-539 application to extend temporary stay or change of status and the I-129 petition for nonimmigrant worker.

Of the 703,800 applications under the deferred action for child arrivals (DACA), 3,800 are from the Philippines. Because of preliminary injunctions issued by the district courts in California and New York, DACA cases are not affected by this 9/11 memorandum.

A USCIS July 17, 2018 report illustrates how many petitions are

be noted that recently, the USCIS has been transferring workloads from one service center to another.

On March 1, 2016, the USCIS began transferring certain cases to the Potomac Service Center (PSC) from other service centers to balance workloads. The affected casework includes Form I-765, application for employment authorization, filed by F- 1 and M- 1 students seeking optional practical training (OPT) and J-1 dependents.

the complete area covered by the

Policy history

The initial RFE/ NOID memorandum was issued in 2013. The RFE “addressed policies for the issuance of requests for evidence ( RFEs) and NOIDs when the evidence submitted at the time of filing did not establish eligibility for the benefit sought.”

In its overview, the USCIS explains that “(w)hile the 2013 PM (policy memorandum) provided that RFEs should be issued ‘when

also

stated

that an adjudicator

refuse a non-immigrant visit visa application, USCIS adjudicators are given the “full discretion to deny applications, petitions, and

RFE or NOID, when appropriate.”

While the PM, did state that “the purpose of this policy memo

- cent mistakes or misunderstandings of the evidence required to establish eligibility” the memorandum emphasized that “the burden of proof, however, is on the applicant, petitioner, or requestor to establish eligibility.”

An avowed objective of the revised, new policy memorandum “is to discourage frivolous

encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required.”

Which cases are and are not covered by this policy memorandum? All applications, petitions and requests received after September 11, 2018 will be subject to the new policy. Anything USCIS received on

the United States and must be payable in US currency. Be sure to make

using courier services.

For first time petitioners or applicants, forget the Nike motto “Just do it.” Follow the revision of the motto by the USCIS: “Just