General policyPOLICY UPDATE
Evidence, Requests for Evidence, and Notices of Intent to Deny
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding evidentiary standards, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs).
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 updating policy guidance in the USCIS Policy Manual regarding evidentiary standards, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs).
- Clarifies the distinction between initial and additional evidence, primary and secondary evidence, and the evidentiary weight given to affidavits submitted in lieu of primary or secondary evidence.
- Clarifies that USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence without first issuing an RFE or NOID in cases where all required initial evidence is not submitted with the benefit request.
- Realigns the response time and additional mailing time provided for RFEs and NOIDs to conform to the regulatory guidelines, regardless of location; previously, USCIS provided 14 days of additional mailing time for international correspondence.
- Clarifies that when USCIS receives any requested evidence in response to an RFE or NOID, even if the evidence only partially responds to the RFE or NOID, that USCIS considers such response as a request for a decision.
