New Immigration Policy Gives Immigration Adjudicators Full Discretion to Deny Cases Without Issuing Requests for evidence

Effective September 11, 2018, USCIS will give adjudicators "full discretion" to summarily deny a case "when appropriate." The Service describes the policy change as an effort to increase adjudicatory efficiency by discouraging and minimizing frivolous petitions. For example, when filing family or employment based Adjustment of Status Applications (I-485) that require but lack an Affidavit of Support (Form I-864), USCIS may deny the case outright. This policy change is likely to have adverse implications on petitioners, applicants, requestors, and other stakeholders because of the breadth of the grant of adjudicatory discretion. In such a case, the summary denial could potentially put an alien out of status, cut short an automatic extension, and eliminate the possibility of refiling the case as an extension or change of status. With no notice, opportunity to respond, or record of rebuttal argument, such a case would be difficult to appeal. More than ever, applicants are discouraged from applying for any immigration benefit without an immigration attorney. Further, immigration attorneys must rise to the challenge and process client cases diligently to avoid mistakes. ​

For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​