This policy update explains that if the USCIS intends to deny a benefit request based on derogatory information (negative information impacting eligibility) that the applicant is unaware of, USCIS must first inform the applicant of this information and provide an opportunity to respond and present evidence. This ensures fairness and due process for individuals seeking immigration benefits.
Key details include:
- Derogatory Information: This refers to information that could negatively impact an applicant’s ability to prove their eligibility for a benefit or that would warrant a negative discretionary decision.
- Disclosure Requirement: When USCIS has such information and is considering denying a benefit based on it, they must disclose the derogatory information to the applicant.
- Opportunity to Respond: The disclosure should be accompanied by an opportunity for the applicant to rebut the information and provide evidence to support their case.
- Exceptions: There are certain exceptions where disclosure might not be possible, such as classified information, information subject to agreements with agencies that own the information, and information protected by confidentiality and privacy laws (unless USCIS can elicit similar information from the applicant through an RFE or interview).
This policy is effective immediately, June 12 2025, for all pending and future benefit requests filed with USCIS.
Policy Manual: https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-6
Policy Update: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250612-DerogatoryInformation.pdf