General policyPOLICY UPDATE
Derogatory Information Unknown to the Benefit Requestor
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address how and when USCIS may or may not disclose derogatory information before issuing an adverse decision to benefit requestors. This update provides USCIS officers with clear guidance on disclosure procedures and ensures that benefit requestors have the opportunity to rebut derogatory information in an adverse decision.
Effective date and application
This guidance, contained in Volume 1 of the Policy Manual, is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address how and when USCIS may or may not disclose derogatory information before issuing an adverse decision to benefit requestors. This update provides USCIS officers with clear guidance on disclosure procedures and ensures that benefit requestors have the opportunity to rebut derogatory information in an adverse decision.
- Explains that when USCIS intends to make an adverse decision based on derogatory information of which a benefit requestor appears to be unaware, USCIS generally discloses the information in a detailed description, if permissible. If not permissible, such as for some third- agency records and some third-party information, USCIS may elicit the same or substantially similar information from the benefit requestor in response to a request for evidence (RFE) or through interview testimony.
- Explains the prohibitions and limitations that USCIS must follow when disclosing derogatory information.
