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USCIS’s can now issue denials without an RFE under certain circumstances

USCIS’s new guidance regarding the discretion to deny an application, petition, or request without first issuing an RFE or NOID in certain circumstances will take effect next Tuesday, September 11, 2018.
Another hit on due process. However, going to court is always an option.

USCIS Issues Policy Memorandum on Issuance of Certain RFEs and NOIDs

USCIS issued a policy memo with guidance to adjudicators regarding the discretion to deny an application, petition, or request without first issuing a request for evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not submitted or if the evidence in the record does not establish eligibility. Guidance is effective September 11, 2018.

Another Win for the Law Offices of Brian D. Lerner

I-751 Divorce Waiver approved. Client retained us after he had received an RFE on a joint I-751 but he had since separated from his wife. We filed the necessary documents and then appeared at his interview. A second RFE was issued requesting Client’s final divorce decree, a statement in his own words and a request to change the case from a joint filing to a divorce waiver. Case approved 1 year after 2nd RFE.

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