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USCIS May Now Deny Some Cases Without First Issuing an RFE

In a policy alert dated Aug. 5, 2026, USCIS said officers may deny a benefit request outright — without first issuing a Request for Evidence or a Notice of Intent to Deny — when the initial evidence does not establish eligibility. The change took effect immediately and applies to cases that were already pending. We generally recommend treating the initial filing as your one complete presentation of the evidence, rather than counting on a follow-up request to fill in gaps.

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This update is general information about a policy or filing change. It is not legal advice about your case, and reading it does not create an attorney-client relationship. If you want an assessment of your own situation, start with a free intake call.

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