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Immigration agents to have greater discretion to deny petitions

On Behalf of | Jul 17, 2018 | Immigration |

Including all the right evidence with an immigration petition is very important. It could take on an even greater level of importance given an upcoming policy change that was recently announced.

The change is about when U.S. Citizenship and Immigration Services adjudicators can deny immigration petitions and similar requests without first sending out a Notice of Intent to Deny or a Request for Evidence.

Under a prior policy, these agents were typically only supposed to do this when there was no possibility of approval for the petition. The new policy will expand the discretion of such officials to deny petitions without first sending out the above notices.

Under the new policy, such agents will be allowed to make such denials if there is not enough evidence on record to establish eligibility. They also will be able to if the petition was submitted without the required initial evidence.

The new policy will go into force on Sept. 11, 2018. It will cover petitions that arrive after that date. It will apply to almost all types of requests. There is one exception. It will not cover petitions related to DACA.

So, under the new policy, not including the right initial evidence with a petition could have severe consequences. So, when a person is unsure of what evidence to include with an immigration petition they are making, it can be important for them to get guidance on the matter. Immigration lawyers can help answer evidence questions and other important questions people have related to petitions.