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  • New denial policy

    On 9/11/2018 USCIS changed it's denial policy...any application missing evidence, (received after that date) can be denied without sending an RFE. I received a denial (without an RFE) for my 19 yr old stepson who came with his mom on a K-2. The I-485 was received my USCIS in November of 2017 (before the policy change)...so how can USCIS deny without sending an RFE ?? The application was received before the policy changed ???? I wrote 2 letters to the Miami Office (where denial was made) and have not received a reply. I had to spend the $675 for the I-290b requesting the case be reopened. I am convinced that the officer made an error by not sending me a notice. The reason for the denial was because I submitted the wrong affidavit of support application (there are several different types)...obviously an honest mistake !! I am not sure who to complain to about the error. Impossible to get an appointment in Miami...I called the 800 number and they told me to write to the officer ! I am told that when the case is reopened, it goes back to the same officer that denied it ! Will they admit their mistake ? What can I do to complain ?

  • #2
    Originally posted by artie in miami View Post
    On 9/11/2018 USCIS changed it's denial policy...any application missing evidence, (received after that date) can be denied without sending an RFE. I received a denial (without an RFE) for my 19 yr old stepson who came with his mom on a K-2. The I-485 was received my USCIS in November of 2017 (before the policy change)...so how can USCIS deny without sending an RFE ?? The application was received before the policy changed ???? I wrote 2 letters to the Miami Office (where denial was made) and have not received a reply. I had to spend the $675 for the I-290b requesting the case be reopened. I am convinced that the officer made an error by not sending me a notice. The reason for the denial was because I submitted the wrong affidavit of support application (there are several different types)...obviously an honest mistake !! I am not sure who to complain to about the error. Impossible to get an appointment in Miami...I called the 800 number and they told me to write to the officer ! I am told that when the case is reopened, it goes back to the same officer that denied it ! Will they admit their mistake ? What can I do to complain ?
    There are many reasons why a case can be denied besides missing evidence. USCIS, in their discretion, has always been able to deny a case for cause without issuing an RFE. Even with the updated policy you mention, we aren't seeing flat out denials for missing evidence. We are still seeing most people get RFE for missing evidence, despite the rule.

    EDIT: I apologize. stupid me didn't pay careful attention when reading your post. You've stated the reason the application was denied, and it wasn't because of missing evidence. I don't think they made a mistake, you did. Sorry to be blunt. I don't know if that mistake warranted an RFE. Hopefully someone with more experience can chime in.
    Last edited by JunkMart; 05-15-2019, 03:29 PM.
    (c)9 AOS (Same-sex couple)
    2019/02/27 - Priority Date
    2019/03/09 - Received four I-797C NOA-1 for I-485, I-130, I-131, & I-765
    2019/03/15 - Received Biometrics Appointment Letter
    2019/03/26 - Biometrics Appointment in Harlingen, Texas

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