USCIS Checklists Do Not Replace Regulations

In July of last year, USCIS issued a policy memorandum that allows USCIS adjudicators to deny applications or petitions if all required evidence is not submitted with the application. The purpose of this is to discourage incomplete or unnecessary filings. Judges do not have to issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) or give the applicant or petitioner a chance to respond and submit additional information before denying applications. So that your application does not get denied, please be very careful to collect and turn in all required evidence.

How do I know what is required?

USCIS has checklists of the initial evidence that is required for all forms on its website. AILA lists examples for Forms I-140, I-129, I-765 and I-539, but all forms can be found on the USCIS website. Go to the 'Forms' section to find your form.

Despite the fact that these checklists are very helpful and informative, AILA sent an alert to notify and remind immigration lawyers that the checklists "do not have the force of law and do not replace statutory, regulatory, and form instruction requirements." The checklists alone are not enough to determine what information must be submitted. Lawyers must be diligent in collecting evidence and determining what initial evidence is required especially in light of this policy memorandum. There are some discrepancies in the checklists and the regulations and form instructions, so it is necessary to consult the regulations in addition to the checklists. If there is a discrepancy, abide by the guidance in the regulations, not the checklists.

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This blog post does not serve as legal advice and does not establish any client-attorney privilege. If you have any questions, please do not hesitate to contact our legal team directly.

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This information comes from a news release from the American Immigration Lawyers Association (AILA Doc. No. 19012200).