No More Second Chances: The USCIS Policy Change That Could Lead to Green Card Denials

In a significant shift in immigration policy, U.S. Citizenship and Immigration Services (USCIS) now has the authority to deny green card applications—without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).

This new change empowers USCIS officers to make immediate decisions when an application lacks sufficient initial evidence, potentially leaving applicants with fewer opportunities to correct mistakes or provide missing documentation.

Here’s what you need to know about how this policy could impact your green card journey, and more importantly how to protect yourself.

What has changed?

Previously, when a green card application was submitted with missing or insufficient information, USCIS would typically issue a Request for Evidence (RFE). This notice outlined the specific issues or missing documents and gave the applicant a chance to respond and provide the necessary information to support their case by the specified deadline.

Under new USCIS policies, officers can deny green card applications outright if they determine the initial submission lacks sufficient evidence, without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).

This change eliminates an applicant’s opportunity to fix errors or provide missing documentation, making it more critical than ever to submit a thorough and complete green card application.

Here are some key areas that applicants need to lookout for when filing their applications. We highly recommend working with an attorney no matter how “straightforward” you think your case may be.

1. Insufficient Proof of Relationship

One of the most common reasons for green card denials in family-based immigration cases is a failure to provide convincing evidence of the claimed relationship. For example, a spouse petitioning for their partner might submit only a marriage certificate without additional supporting documents such as joint leases, shared bank accounts, or photos together. A child petitioning for a parent might submit a birth certificate, where it is necessary to also provide an autosomal DNA test to establish parental lineage.

Under the new USCIS policy, if the initial filing lacks adequate proof, the officer can deny the application outright—without giving the applicant a chance to supplement it. This makes it essential to include a robust set of documents that clearly demonstrate a bona fide relationship from the start.

Remember, all filing fees you submitted are lost upon a denial.

2. Incomplete or Missing Documents

Another scenario that can lead to an immediate denial is submitting an application with missing or incomplete required documents. Many people think that leaving out dates they can’t recall or skipping a past employer or two is fine, but that is not often the case.

Given the increased risk of outright denial under the current USCIS policy, it’s highly advisable to consult with an experienced immigration attorney before submitting your green card application.

Even if you plan to file on your own, having a legal professional review your case can help catch missing documents, incomplete forms, or weak areas in your evidence that could trigger a denial. That one step could mean the difference between approval and starting over from scratch.

3. Questionable Bona Fide Marriage

A questionable bona fide marriage is one of the most common reasons USCIS issues a Request for Evidence (RFE) — and now, under the updated policy, it’s also a frequent cause for outright denial.

In marriage-based green card cases, USCIS looks for clear, convincing proof that the relationship is genuine and not entered into for immigration purposes. If the application lacks sufficient evidence of a shared life — such as joint financial records, photos, affidavits from friends and family, proof of living together, or medical examination — the officer may question the legitimacy of the marriage.

With RFEs no longer guaranteed, failing to submit strong initial evidence can lead to a denial without warning.

4. Inadequate Evidence of Financial Support

This is an area in which people who choose to file without an attorney often make the most costly mistakes that lead to denials.  USCIS requires the petitioner in a green card application to demonstrate they can financially support the immigrant, through the Form I-864, Affidavit of Support. If the petitioner’s annual household income is below the required threshold or if the form is incomplete, unsigned, or missing supporting, USCIS may determine that the applicant is likely to become a public charge.

In the past, such issues often resulted in a Request for Evidence, allowing petitioners to provide additional documentation or find a joint sponsor. Under the current policy, however, USCIS can deny the application outright if the financial evidence is insufficient from the start.

5. Inconsistent or Incomplete Information

Providing inconsistent or incomplete information on your green card application can also raise red flags with USCIS. This might include discrepancies in dates, addresses, or personal details between different forms or supporting documents.

Now, with the policy change, such issues can lead to an immediate denial without any opportunity to explain or fix the errors. Ensuring that all information is accurate, consistent, and thoroughly reviewed before submission is crucial to avoid this risk.

6. Prior Immigration Violations

Work with an attorney to clearly discuss all history of prior immigration violations—such as overstaying a visa, unauthorized work, or previous deportation orders to ensure everything is reported accurately, and to anticipate how it may impact your eligibility.

USCIS carefully reviews an applicant’s immigration record, and if any violations are uncovered without sufficient explanation or waiver eligibility, the application may be denied outright.

Applicants with complicated immigration histories should work closely with an attorney to ensure their case is properly presented and any potential violations are properly addressed at the time of filing the green card application. Addressing potential issues early on can help you get ahead of the problem and avoid unnecessary risks.

Conclusion

Taking the time to review your case carefully — ideally with the help of an experienced immigration attorney — can significantly reduce the chance of an outright denial and keep your green card process on track. Being proactive is no longer optional — it’s essential.

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