U.s. Citizenship and Immigration Services Has Issued New Guidance Allowing Officers to Deny Green Card and Other Immigration Applications

The policy, effective August 5, restores discretion to deny requests when applicants fail to submit required initial evidence or establish eligibility at filing. It applies to pending and new benefit requests, including green cards, work permits, and citizenship applications. While officers may still issue Requests for Evidence (RF Es) or Notices of Intent to Deny, they are no longer generally expected to do so before rejecting incomplete applications.

Stephanie Lewin, a partner at Waypoint Immigration USA, said the change could have "an enormous impact" on applicants, including those with pending cases filed years ago, risking outright denial and "an incredible loss of time and money. The guidance reverses the Biden administration's 2021 approach and aligns with 2018 Trump-era policy. USCIS said the change reduces "frivolous, incomplete, and "placeholder" filings that slow processing.

Other changes include no longer providing the maximum 12-week RFE response period or an extra 14 days for overseas notices. Immigration attorney Xiao Wang noted applicants now face greater denial risk if initial evidence is missing, as the second chance is now at the officer's discretion. Lewin warned family-based applicants and those without legal representation are particularly vulnerable, citing examples like marriage-based petitions without proof of marriage or affidavits of support lacking financial documentation. The policy applies to requests pending on August 5 and new filings after that date.