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USCIS Tightens Rules on Immigration Filings
In a sweeping policy change, United States Citizenship and Immigration Services (USCIS) has reaffirmed its authority to deny applications without issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), dramatically shifting the consequences of filing errors. The latest internal guidance, now being enforced more stringently, underscores a critical reality for immigrants: you now get one chance to get it right.
If your application is incomplete, inaccurate, or filed improperly—and you are out of status—your case could be denied without warning, and you may immediately be placed in removal (deportation) proceedings.
No More Second Chances: One Error Can Lead to Deportation
This shift marks a clear departure from prior practices, where USCIS routinely offered RFEs or NOIDs to applicants, affording them a valuable opportunity to address deficiencies in their filings. Under this new enforcement climate, those safety nets are rapidly disappearing. Officers are now encouraged to issue direct denials if initial evidence is insufficient or inapplicable.
In practice, this means that even minor errors—such as incorrect information, outdated forms, or missing documentation—can trigger a denial with no chance to correct the issue.
Origins of the Stricter Policy
This change stems from ongoing directives that originated in a 2018 USCIS policy memorandum, which restored full discretion to officers to deny filings outright. However, enforcement was inconsistent until recently. Now, with growing emphasis on strict compliance and a no-nonsense approach to immigration benefits, the policy is being rigorously applied across categories.
The Consequences: Immediate Removal Proceedings
The consequences are severe: if your application is denied and you are undocumented or otherwise out of lawful status, you could be referred to Immigration and Customs Enforcement (ICE) and placed into removal proceedings under the Notice to Appear (NTA) protocol.
This puts vulnerable applicants—especially those filing without legal guidance—at serious risk. Immigration law has never been forgiving of mistakes, but now it may be entirely intolerant of them.
Why Legal Representation Is Now Essential
It is not simply about paperwork anymore. The stakes are now higher than ever. Even what may seem like a routine adjustment of status or green card renewal could lead to a life-altering deportation order if not filed properly the first time.
This is not fear-mongering. This is a strategic warning backed by the evolving enforcement environment.
At Spar & Bernstein, we are deeply aware of how these changes affect real people. Our team of experienced immigration attorneys takes a comprehensive, personalized approach to each case, ensuring every form, document, and legal argument is meticulously prepared. Whether you’re seeking permanent residence, a work visa, or defending yourself against removal, one misstep can cost everything.
One Shot to Get It Right—Make It Count
We urge anyone considering a filing with USCIS to consult a qualified immigration attorney before taking any steps. You only get one shot. Make sure it’s done right. Let us help you navigate this new reality with confidence, clarity, and commitment.