USCIS HQ Issues a Memorandum to Restrict Denial of Cases Without RFE

Jharkhandi

Registered Users (C)
Source:

http://www.immigration-law.com

USCIS HQ Issues a Memorandum to Restrict Denial of Cases Without RFE or Notice of Intent to Deny First

On May 4, 2004, the USCIS HQ released a memorandum to the field offices to give authority to deny applications or petitions by the Service Centers without first issuing a RFE or Notice of Intent to Deny the application and petition in a broad authority. The memorandum was intended to reduce the workloads and backlogs which had been caused by the RFEs. However, the memorandum deprived the applicants and petitioners of an opportunity to either explain or submit additional evidence on the questions and issues the adjudicators might have. Subsenquently, the immigrant community witnessed a flood of denials without the opportunity of RFE and stirred outcry within the immigration law community. Some adjudicators abused the memorandum and denied outright in a broad brush using a boiler plate letter and without giving specific reasons for the denials.
The USCIS has noticed that because of the abuse of the memorandum at the field offices, the memorandum had increased rather than reduced workloads and backlogs because of the flood of appeals and motion to reopen or reconsider, not to mention a loud outcry in the political and legal community. Accordingly, the USCIS rescinded the controvertial memorandum of May 4, 2004 and issued a new memorandum which mandated field offices not to deny a petition or application without first issuing a RFE or Notice of Intent to Deny unless the application or petition totally fails to meet the basic statutory or regulatory "thresholds." For instance, a permanent resident son or daughter cannot file an immigrant petition for the parents unless they first become a U.S. citizen. If such petition is filed, it is too obvious that there is no sense of issuing a RFE or Notice of Intent to Deny as the case fails to meet the fundamental statutory thresholds.
The new memorandum not only restricts the adjudicators in the field offices of their authority to deny without RFE, but also mandates adjudicators not to issue a RFE or Notice of Intent using a boiler plate letter and languages in a broad brush without focusing on the specific circumstances and facts of each case. Additionally, the adjudicators are directed to act in an increased number of cases to seek a review of their decisions of denial by their supervisors.
Immigrant community is likely to see no such denials from here on without first having an opportunity to explain or respond to any questions or issues raised by the adjudicators. We salute to the USCIS leadership for its bold act to resciend the prior memorandum and to issue a new memorandum to correct the ongoing arbitrary decision making activities by a few adjudicators. Let's send a big hat-off to Mr. Bill Yates!
 
Is this a rumor or what? I can not find it on the URL you referred.

Jharkhandi said:
Source:

http://www.immigration-law.com

USCIS HQ Issues a Memorandum to Restrict Denial of Cases Without RFE or Notice of Intent to Deny First

On May 4, 2004, the USCIS HQ released a memorandum to the field offices to give authority to deny applications or petitions by the Service Centers without first issuing a RFE or Notice of Intent to Deny the application and petition in a broad authority. The memorandum was intended to reduce the workloads and backlogs which had been caused by the RFEs. However, the memorandum deprived the applicants and petitioners of an opportunity to either explain or submit additional evidence on the questions and issues the adjudicators might have. Subsenquently, the immigrant community witnessed a flood of denials without the opportunity of RFE and stirred outcry within the immigration law community. Some adjudicators abused the memorandum and denied outright in a broad brush using a boiler plate letter and without giving specific reasons for the denials.
The USCIS has noticed that because of the abuse of the memorandum at the field offices, the memorandum had increased rather than reduced workloads and backlogs because of the flood of appeals and motion to reopen or reconsider, not to mention a loud outcry in the political and legal community. Accordingly, the USCIS rescinded the controvertial memorandum of May 4, 2004 and issued a new memorandum which mandated field offices not to deny a petition or application without first issuing a RFE or Notice of Intent to Deny unless the application or petition totally fails to meet the basic statutory or regulatory "thresholds." For instance, a permanent resident son or daughter cannot file an immigrant petition for the parents unless they first become a U.S. citizen. If such petition is filed, it is too obvious that there is no sense of issuing a RFE or Notice of Intent to Deny as the case fails to meet the fundamental statutory thresholds.
The new memorandum not only restricts the adjudicators in the field offices of their authority to deny without RFE, but also mandates adjudicators not to issue a RFE or Notice of Intent using a boiler plate letter and languages in a broad brush without focusing on the specific circumstances and facts of each case. Additionally, the adjudicators are directed to act in an increased number of cases to seek a review of their decisions of denial by their supervisors.
Immigrant community is likely to see no such denials from here on without first having an opportunity to explain or respond to any questions or issues raised by the adjudicators. We salute to the USCIS leadership for its bold act to resciend the prior memorandum and to issue a new memorandum to correct the ongoing arbitrary decision making activities by a few adjudicators. Let's send a big hat-off to Mr. Bill Yates!
 
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