U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance on how it discloses derogatory information used to make adverse decisions on immigration benefit requests.
The new guidance is now part of the USCIS Policy Manual and is effective immediately for all pending and future applications.
Under the updated policy, USCIS will generally provide applicants with a detailed description of any derogatory information they were previously unaware of before making a final negative decision. This information will be shared through a Notice of Intent to Deny, Request for Evidence, or Notice of Intent to Revoke, allowing applicants an opportunity to respond.
Simply put, before denying an application, USCIS will now tell applicants about any negative information it plans to use against them before making a final decision, giving them a chance to respond.
However, the guidance also clarifies that USCIS may withhold certain sensitive information in limited situations. These include cases involving classified, privileged, or otherwise protected information, as well as information derived from third-party records or subject to legal disclosure restrictions.
This update aims to enhance transparency in the immigration process while safeguarding sensitive data where necessary. The policy applies to all benefit requests filed on or after June 12, 2025, and those already pending review.
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