On August 5, 2026, USCIS issued a new policy that could significantly impact immigration applicants and petitioners.
The biggest change? Do not assume USCIS will issue a Request for Evidence (RFE) before denying your case.
The policy is effective immediately and applies to pending applications as well as new filings.
USCIS Restores Its Discretion to Deny Incomplete Filings
Under the new policy, USCIS officers may deny an application or petition without first issuing an RFE or Notice of Intent to Deny (NOID) when the required initial evidence is missing or the filing does not establish eligibility.
According to USCIS, the purpose is to discourage incomplete or “placeholder” filings and encourage applicants to submit complete applications from the outset.
What Does This Mean for Applicants?
For years, many applicants expected USCIS to send an RFE if additional documents were needed. That expectation is becoming increasingly risky.
Although USCIS may still issue an RFE in appropriate cases, there is no guarantee that it will do so. If required initial evidence is missing, your case could be denied without another opportunity to supplement the record.
How Should You Prepare?
Before filing any immigration application or petition:
- Include all required initial evidence.
- Carefully follow the USCIS form instructions.
- Organize your supporting documents clearly.
- Address potential issues before filing instead of relying on an RFE.
Think of your initial filing as your only opportunity to prove eligibility.
What If You Already Filed Your Application?
Many applicants have already submitted their immigration applications before this policy was announced.
For example, a foreign national entered the United States on a B-1/B-2 visitor visa, married a U.S. citizen, and timely filed a concurrent Form I-130 and Form I-485 package before the expiration of the I-94 to avoid falling out of status or accruing unlawful presence. Because the marriage was recent, the couple had not yet established joint bank accounts, jointly owned property, or a shared lease.
Should that applicant be concerned?
Not necessarily. The new policy primarily concerns the failure to submit required initial evidence. It does not state that every marriage-based adjustment application lacking extensive joint financial or residential documentation will be denied without an RFE. The more important question is whether the required forms and initial evidence specified by USCIS were submitted at the time of filing.
It is also important to distinguish between required initial evidence and additional evidence that strengthens a case. For a marriage-based Adjustment of Status application, USCIS forms and instructions specify certain required documents that must accompany the filing.
If your application was complete under the applicable filing requirements, this policy alone does not mean it is at greater risk of denial. However, applicants should continue to monitor their case carefully and respond promptly if USCIS requests additional evidence.
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About the Author
Jennifer Hsiao Wei Tsai is a Nevada and Arizona licensed attorney with a practice focused on estate planning, trust administration, probate, business formation, and immigration law.
Last Updated: Thu Aug 6 2026
Disclaimer: This article is provided for general informational and educational purposes only and does not constitute legal, tax, or financial advice. The information contained in this article is current as of the date of publication and may become outdated due to changes in statutes, regulations, agency policies, court decisions, filing procedures, or other legal developments. Readers should independently verify current law and consult with a qualified attorney regarding their specific circumstances before relying on any information contained herein. Reading this article does not create an attorney-client relationship.