. USCIS to Clarify Memo on Avoiding RFEs and Issuing Denials
We recently obtained information that the USCIS plans to issue a revision or clarification of a Memo authored by William R. Yates, the USCIS Associate Director for Operations, requiring USCIS examiners to issue a decision without a Request for Evidence (RFE) under certain circumstances. Regular readers will recall our May 7, 2004 article, USCIS Memo: More Denials, Fewer RFEs, available on MurthyDotCom, in which we reported on a USCIS Memo issued May 4, 2004, regarding potential case denials without the issuance of an RFE. The Memo was addressed at a recent American Immigration Lawyers Association (AILA) conference on May 7, 2004, where Attorney Sheela Murthy was both a moderator and a speaker. It was reported that the Chair of the AILA Liaison for the USCIS Immigration Services Division (ISD) has discussed concerns about the Memo directly with Mr. Yates relating to the confusion it may cause for USCIS examiners as to when RFEs should be issued. Mr. Yates has agreed to issue a clarification to the USCIS Service Centers regarding the limited applicability of the Memo.
We will update MurthyDotCom and MurthyBulletin readers if and when the USCIS clarification is issued. We do hope that the concerns voiced by many immigration practitioners regarding the Memo will be resolved. We are pleased with the USCIS' responsiveness to attorney concerns and their willingness to cooperate to make the system work more effectively.
© The Law Office of Sheela Murthy, P.C.
We recently obtained information that the USCIS plans to issue a revision or clarification of a Memo authored by William R. Yates, the USCIS Associate Director for Operations, requiring USCIS examiners to issue a decision without a Request for Evidence (RFE) under certain circumstances. Regular readers will recall our May 7, 2004 article, USCIS Memo: More Denials, Fewer RFEs, available on MurthyDotCom, in which we reported on a USCIS Memo issued May 4, 2004, regarding potential case denials without the issuance of an RFE. The Memo was addressed at a recent American Immigration Lawyers Association (AILA) conference on May 7, 2004, where Attorney Sheela Murthy was both a moderator and a speaker. It was reported that the Chair of the AILA Liaison for the USCIS Immigration Services Division (ISD) has discussed concerns about the Memo directly with Mr. Yates relating to the confusion it may cause for USCIS examiners as to when RFEs should be issued. Mr. Yates has agreed to issue a clarification to the USCIS Service Centers regarding the limited applicability of the Memo.
We will update MurthyDotCom and MurthyBulletin readers if and when the USCIS clarification is issued. We do hope that the concerns voiced by many immigration practitioners regarding the Memo will be resolved. We are pleased with the USCIS' responsiveness to attorney concerns and their willingness to cooperate to make the system work more effectively.
© The Law Office of Sheela Murthy, P.C.