USCIS Can Now Deny Cases Missing Initial Evidence, with No RFE

On August 5, 2026, USCIS published a new policy memo about requests for evidence (RFEs) and Notices of Intent to Deny (NOIDs). The memo reminds officers that they have discretion to deny an application if it's missing initial required evidence.

U.S. Citizenship and Immigration Services (USCIS) has always had this discretion, and this guidance does not change the law.

For example, officers have always been able to deny an adjustment of status application if it was missing the medical exam (Form I-693). This form is considered required initial evidence for a complete application.

Officers may still issue an RFE or NOID if they need additional evidence to make a decision on your case. Additional evidence is what USCIS asks for when your initial filing was complete, but the officer isn't yet convinced — more proof that your marriage is real, for example.

How does the latest USCIS policy memo change RFEs?

As stated above, the USCIS guidance does not change the law. However, it does extend the discretion officers can exercise when adjudicating cases and setting RFE/NOID response deadlines:

• Officers may now reduce the maximum 12-week response period allowed under existing regulations for an RFE response
• The policy removes the additional 14 days previously allotted for responses to notices mailed outside the United States.

Jeff Joseph, President of the American Immigration Lawyers Association (AILA) and of Immigration Strategy at Manifest Law, says, "This policy memo ultimately does not change what the regulations have always stated. If you don't submit the required initial evidence on your case, you risk a denial. The only thing that changes is that you are unlikely to get an officer to exercise discretion to issue an RFE if you submit an initial petition that does not have the required initial evidence."

Disclaimer: This content is for informational purposes only and is not legal advice. If you have questions about how this news may impact your case, we encourage you to speak with an immigration attorney before taking any action.