U.S. Citizenship and Immigration Companies (USCIS) has launched up to date coverage steerage on the way it discloses derogatory data used to make adversarial choices on immigration profit requests.
The brand new steerage is now a part of the USCIS Coverage Handbook and is efficient instantly for all pending and future functions.
Beneath the up to date coverage, USCIS will usually present candidates with an in depth description of any derogatory data they had been beforehand unaware of earlier than making a closing damaging determination. This data will likely be shared via a Discover of Intent to Deny, Request for Proof, or Discover of Intent to Revoke, permitting candidates a chance to reply.
Merely put, earlier than denying an software, USCIS will now inform candidates about any damaging data it plans to make use of in opposition to them earlier than making a closing determination, giving them an opportunity to reply.
Nonetheless, the steerage additionally clarifies that USCIS might withhold sure delicate data in restricted conditions. These embody instances involving categorised, privileged, or in any other case protected data, in addition to data derived from third-party information or topic to authorized disclosure restrictions.
This replace goals to reinforce transparency within the immigration course of whereas safeguarding delicate knowledge the place needed. The coverage applies to all profit requests filed on or after June 12, 2025, and people already pending overview.
