Harsh new USCIS policy allows visa petitions to be rejected outright, without a Request for Evidence

In an alarming shift in visa policy, the Trump administration has empowered USCIS to outright reject visa petitions if the required ‘initial evidence’ wasn’t submitted or if the petition failed to establish eligibility for the visa sought.

The new policy will apply to all applications and requests received by USCIS from September 11 onwards. Visa applicants are less likely to get a second chance to submit more documentary evidence or provide explanations that would substantiate eligibility for the visa.

Under prior policy, USCIS adjudicators were required to issue RFEs in all cases, unless there was no possibility that the additional documents could rectify the issue.

Applicants are reminded to be very careful and be certain to submit all available evidence when filing for visas or extensions. ILG will continue to aggressively advocate for our clients, despite this hostile environment.