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Purpose  
 
This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) adjudicators regarding the discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not submitted or if the evidence in the record does not establish eligibility. 
 
Previous guidance
 
This PM rescinds in its entirety the June 3, 2013 PM titled “Requests for Evidence and Notices of Intent to Deny” (2013 PM) regarding an adjudicator’s discretion to deny an application, petition, or request without issuing an RFE. This PM incorporates those portions of the 2013 PM which are still intended to govern USCIS adjudications. 
 
Scope  
 
This memorandum applies to, and shall be used, to guide determinations by all U.S. Citizenship and Immigration Services (USCIS) employees.
 
Effective Date
 
This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests received after the effective date.

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