New USCIS Memorandum - No RFEs

[vekram]

As per this link (July 2018) https://www. **** **.com/2018/07/27/...thout-rfe-noid

uscis is increasing the discretion of adjudicators to deny the application instead of issuing RFEs.
Questions -

1. Does this memorandum apply to Green Cards or only to Non Immigrant VISAs?

2. If application was filed last year (concurrent EB1C), does this apply to those cases as well?


THanks

[newacct]

As per this link (July 2018) https://www. **** **.com/2018/07/27/...thout-rfe-noid

uscis is increasing the discretion of adjudicators to deny the application instead of issuing RFEs.
Questions -

1. Does this memorandum apply to Green Cards or only to Non Immigrant VISAs?

2. If application was filed last year (concurrent EB1C), does this apply to those cases as well?


THanks

USCIS doesn't handle visas. USCIS adjudicates applications like petitions (I-130/I-140) or Adjustment of Status (I-485).

The change in USCIS policy is mainly on denying based on lack of initial evidence (i.e. evidence that was required to be filed with the form). When they need further evidence, they will still issue RFEs.

[Tezza]

As per this link (July 2018) https://www. **** **.com/2018/07/27/...thout-rfe-noid

uscis is increasing the discretion of adjudicators to deny the application instead of issuing RFEs.
Questions -

1. Does this memorandum apply to Green Cards or only to Non Immigrant VISAs?

2. If application was filed last year (concurrent EB1C), does this apply to those cases as well?


THanks

It will apply to AOS. But it doesn't mean that they're automatically going to stop sending RFEs completely, it's a case by case basis. If you've sent what their forms have asked you to initially, you probably won't have issues. Future applicants just need to be more diligent when sending their forms, making it look good and sending everything correctly first time. It does leave applicants in a perpetual state of panic though, I understand.