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By Billal Rahman
Immigration Reporter
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U.S. Citizenship and Immigration Services (USCIS) has issued new guidance allowing officials to deny certain applications, including green card requests, without first giving applicants a chance to submit missing evidence.
The policy, which took effect on August 5, restores officers' discretion to deny immigration benefit requests when applicants fail to submit required initial evidence or otherwise do not establish eligibility at the time of filing. USCIS said the change aligns agency procedures with existing federal regulations and applies to pending and newly filed benefit requests.
USCIS Spokesman Zach Kahler noted to Newsweek, "U.S. Citizenship and Immigration Services has restored immigration officers’ authority, which already existed under regulation, to immediately deny immigration benefit requests that fail to follow instructions or fail to demonstrate eligibility for the benefit at the time of filing."
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The guidance affects a broad range of immigration benefits, including green cards, work permits and citizenship applications. While officers may still issue Requests for Evidence (RFEs) or Notices of Intent to Deny, they are no longer generally expected to do so before denying applications that lack required documentation or fail to establish eligibility. An RFE is a formal notice asking applicants to provide additional documents or clarification before a decision is made and has traditionally given them an opportunity to correct omissions rather than having to refile an application.
Stephanie Lewin, a partner at Waypoint Immigration USA, said the change could have "an enormous impact" on green card applicants because it applies not only to new filings but also to cases that are already pending.
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"If the correct evidence was not submitted two years ago, and the application is adjudicated after August 5, the application could be denied outright," Lewin told Newsweek. "That's an incredible loss of time and money."
The guidance marks the latest shift in USCIS adjudication policy. During President Donald Trump's first administration in 2018, the agency expanded officers' authority to deny applications without first issuing an RFE. The Biden administration reversed that approach in 2021, generally directing officers to give applicants an opportunity to correct deficiencies by issuing an RFE or Notice of Intent to Deny before rejecting a case.
USCIS said in a press release that the change brings agency practice into line with long-standing federal regulations and is intended to reduce "frivolous," incomplete and "placeholder" filings that can slow processing for other applicants.
The agency also said that some applicants used incomplete filings to obtain related immigration benefits, including employment authorization, while awaiting decisions on their underlying cases.
The policy includes several other changes. Officers are no longer expected to provide the maximum 12-week response period for RFEs, though the regulatory limit remains in place. USCIS has also ended its practice of providing an additional 14 days for responses to notices mailed overseas, leaving only the standard three-day mailing allowance.
The agency further clarified that if an applicant submits evidence in response to an RFE or Notice of Intent to Deny, even if the response is incomplete, USCIS may treat the submission as a request for a decision based on the existing record.
Immigration attorneys said the practical effect of the change could be significant for applicants who inadvertently omit required documents.
In a LinkedIn post, immigration attorney Xiao Wang said green card, work permit and citizenship applicants now face a greater risk of outright denial if initial evidence is missing.
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"The old policy gave you a second chance to fix a gap. That second chance is now at the officer's discretion," Wang wrote.
Lewin said family-based applicants and others who file without legal representation may be particularly vulnerable because many submit required forms but fail to include all supporting evidence. Examples can include marriage-based green card petitions filed without proof of a valid marriage or affidavits of support submitted without financial documentation.
She also warned that the policy could affect people trying to maintain lawful status after job losses, particularly those who filed applications to change immigration status and expected to provide additional evidence later in the process.
"This is truly a precarious time for those individuals who have done everything legally and lawfully to remain in status," Lewin said. "One missing document could completely upend their immigration journey in the U.S."
The policy applies immediately to benefit requests that were pending on August 5, 2026, as well as to new applications filed after that date.
Contact Newsweek editors on this story: Tobias Meyjes and Dave Siminoff.
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