Choose Planning Over Panic: USCIS Rewrites the Rules by Slashing Response Deadlines and Denying Initial Filings

USCIS has rewritten its rules for officers to respond to initial filings for benefit requests. Prior policy discouraged officers from denying benefit requests without first issuing Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). Now, USCIS has shifted its policy toward heavy scrutiny of initial filings on first impression, slashing response times on RFEs and NOIDs and encouraging officers to deny some filings outright.

It is now more important than ever to choose planning over panic around this new policy by seeking legal counsel for initial filings and responses. At risk is not only applicants’ peace of mind, but their lawful status and futures in the United States.

What’s Changed?

Under previous, longstanding USCIS policy, officers would routinely issue RFEs or NOIDs with 12-week response times for filings that lacked initial required evidence, compliance with form instructions, or clear legal eligibility under the immigration laws. USCIS also historically allowed for additional time to ensure it accepts receipt of timely responses, particularly for applicants residing abroad. Such lenient and forgiving response times gave applicants opportunity to seek experienced counsel on their benefit requests and take steps to address deficiencies identified by USCIS.

What’s the Reason for the Change?

USCIS’ sudden rewrite of its longstanding policy aims to make adjudication more efficient by reducing the filing of frivolous, incomplete, or so-called placeholder applications. In essence, USCIS is forcing applicants to meet their burden to prove eligibility on first glance. Make no mistake, the effect of this change will be to cause panic among applicants, particularly for those who have not planned ahead to minimize the risk of RFEs/NOIDs, ensure they timely receive USCIS notices, and respond to underlying deficiencies in their benefit requests.

To better understand these new changes, we have created a table and highlighted a few major points:

Major Highlights:

• USCIS is now telling its officers to deny initial filings that fail to include initially required evidence or establish baseline eligibility for the benefit;
• USCIS is now treating 12 weeks as the maximum time that officers can give applicants to respond to an RFE, instead of the minimum;
• USCIS is now ending its 14-day additional response period applied to deadlines on RFEs for applicants residing abroad.

Practitioners are already seeing the new policy in action. Around the country, applicants have received RFEs with fast approaching deadlines that began running far before they received the notice. In our office, we have received numerous RFEs with 30-day response periods, leaving a narrow window for clients to obtain requested documentation.

On occasion, applicants will receive the RFEs/NOIDs directly at home addresses well into the response time period. When applicants are not checking mailboxes regularly, applicants are losing time to respond, alert counsel, and therefore risk abandonment of their benefit requests.

Applicants residing abroad should be especially alert to these recent changes. The prior policy allowed applicants residing abroad two additional weeks past the response deadline. The new policy erases that protection, meaning that applicants residing abroad must plan to check the addresses that USCIS has on file, ensure those mailboxes are being checked, and seek experienced counsel for legal advice.

What Could Missing a Response Deadline Mean for Me?

The most immediate consequence of a missed deadline is that USCIS would deny your benefit request because of abandonment. Applicants who have difficulty regularly checking their mail or taking prompt action face not only the risk that their benefit requests will be deemed abandoned, but also a host of more serious consequences for their immigration status and prospects, consequences that may extend to their dependent family members.

Missed responses may cause some applicants to fall out of status or periods of authorized stay. Accordingly, these reduced response windows put certain applicants at risk of placement in removal proceedings; further, a missed hearing in removal proceedings will lead to a removal order for failure to appear, which will be difficult to overcome in the future.

The new policy makes informed planning critical; indeed, USCIS will deny so-called deficient initial filings or issue a RFE/NOID with an incredibly short window for applicants to take action.

What Does Planning Ahead Look Like?
We are here to help you plan ahead and avoid panic. Choosing to plan ahead looks like:

• Seeking experienced counsel to assist with preparation of initial filings to minimize denial or RFE/NOID issuance;
• Talking with counsel about potential deficiencies in initial filings, including what the government might ask for in the future;
• Taking steps to secure documentation that USCIS might request in the future;
• Verifying with legal counsel the mailing addresses USCIS has on file for your case;
• Alerting counsel or USCIS of address changes immediately;
• Making it a daily habit to check mailboxes, online myUSCIS accounts, and email for communications from either USCIS or counsel;
• Determining response logistics, including reliable access to printers/scanners;
• Upon receipt of communications from USCIS or counsel, taking immediate action by clarifying action items from both counsel and yourself.

These highlighted steps are nonexhaustive and each applicant will have different needs. Ultimately, counsel will help you plan ahead for the narrow window of time to respond to RFEs/NOIDs now guaranteed under new USCIS policy. Choosing to seek competent and caring counsel will help plan ahead for those sudden moments where panic feels inevitable.

If you or anyone you know would like assistance on planning ahead under this new policy, please contact Ben or call our office at (610) 975-4599 to schedule a consultation today. Be sure to mention this article when reaching out for your consultation!