If you have an application pending with U.S. Citizenship and Immigration Services (USCIS), or are about to file one, the agency issued a policy alert on August 5, 2026.
An officer can now outright deny your case if a required document is missing without first asking you for it. Here is what changed, who it affects, and what to do.
What is the new USCIS policy about?
The new policy focuses on two types of communication that USCIS might use during an application process: Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). RFEs refer to a document that USCIS sends to applicants when they need more information or evidence in order to evaluate the applicant’s case. NOIDs are alerts that USCIS sends when they will likely deny the application.
In its Aug. 5 announcement, USCIS said it “has restored officers’ full discretion to deny a benefit request without first issuing an RFE or NOID in various situations”.
This means that an officer might immediately deny an application if someone didn’t include all the required supporting documentation when filing it.
For example, if an application for a green card requires that a person prove that they are married to a U.S. citizen, but the submission doesn’t include a marriage certificate or proof of citizenship for their spouse, the officer reviewing their application will be able to deny their application.
What is an immigration benefit?
An immigration benefit can range from a green card to a work permit, or even citizenship. USCIS is the agency that processes applications for immigration benefits such as citizenship, green cards, asylum, DACA, and many others.
When applying for one of these, people must fill out a form and send supporting evidence to prove they are eligible for whatever benefit they are applying for. Each application comes with instructions that explain the eligibility requirements and the evidence that should be included when filing.
How does this policy change USCIS application processes?
The language in the policy memo suggests that during the Biden administration, officers would give applicants an opportunity to supplement their initial submission with evidence before making a decision to deny it.
“Officers were instructed to issue an RFE or NOID when a benefit requestor failed to submit initial evidence, or when the record failed to establish eligibility for the benefit sought,” the memo reads.
Now, officers have the discretion to deny an application without giving people an opportunity to send additional evidence. This means that applications must include all evidence needed to establish eligibility upon initial filing or the reviewing officer may deny it.
Who is affected by this new policy?
This policy affects anyone who has a pending request or applied for an immigration benefit with USCIS on or after August 5, 2026.
