When USCIS Issues a Request for Evidence vs. Denies Outright
A 2018 policy (PM-602-0050.1) gave officers discretion to deny an application outright, without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), whenever required initial evidence was missing — a real, if temporary, tightening of when applicants got a chance to respond before a denial.
Published
2021-06-09
Summary
A 2018 policy (PM-602-0050.1) gave officers discretion to deny an application outright, without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), whenever required initial evidence was missing — a real, if temporary, tightening of when applicants got a chance to respond before a denial. That policy was rescinded January 20, 2021, and on June 9, 2021 USCIS reverted to the longer-standing adjudicative principle (dating to June 2013): officers should issue an RFE or NOID, giving the applicant a chance to submit more evidence, whenever additional evidence could plausibly establish eligibility, rather than denying outright.
Current status
This is the current operative standard — USCIS issuing an RFE or NOID generally means the officer believes the case could still be approved with more evidence, not that the case is in jeopardy.
Source: USCIS Notice to Appear Policy Memorandum history (archived)
General policy background, not a diagnosis of any specific case — CaseWhy's own case status API never confirms why a case is delayed. For guidance specific to your case, talk to a licensed immigration attorney.