Major USCIS warning: USCIS issued an important policy update about RFEs and NOIDs. As of August 5, 2026, USCIS officers have broader authority to deny immigration applications and petitions without first sending a Request for Evidence or Notice of Intent to Deny. This policy applies to newly filed cases and cases already pending with USCIS. (USCIS)
Do not expect a second chance: When required documents are missing—or the evidence filed does not establish eligibility—USCIS may deny the case immediately. Officers may still issue an RFE, but applicants can no longer assume USCIS will allow them to correct an incomplete filing later.
Deadlines may become shorter: Even when USCIS issues an RFE, the officer may choose a response period based on the specific evidence requested. Twelve weeks is only the maximum for most RFEs, while the maximum response period for a NOID is generally 30 days.
Your evidence must prove the case from day one: Filing forms is not enough. Your initial package should contain the required documents, translations, explanations, legal arguments, and supporting evidence showing that you qualify under the applicable immigration law.
Do not risk a denial by filing an incomplete case: Shepelsky Law Group can evaluate your eligibility at Tel: (718)769-6352, identify weaknesses, organize your evidence, and prepare the strongest possible filing before it reaches USCIS. Call 718-769-6352 or schedule a paid consultation at ShepelskyLaw.com