Can USCIS Deny a Family Petition Without Giving You a Chance?

As an immigration attorney at SG Legal Group, I am often asked whether USCIS can simply deny a family petition or green card application without warning. While I have not yet seen a case denied outright, I would not be surprised to see this happen under the current administration. Recent policies, combined with stricter officers at local field offices, make it more important than ever for applicants to submit complete and well-prepared filings from the very beginning.

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How USCIS Handles Deficiencies in Applications

Traditionally, USCIS issues a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) when something is missing from an application. These notices give applicants an opportunity to correct deficiencies or provide additional documentation before a final decision is made.

In 2018, USCIS briefly empowered officers to deny cases without RFEs or NOIDs if initial evidence was insufficient. That policy was later rescinded, but under the current administration I see stricter enforcement of existing rules and less flexibility from officers. While outright denials of I-130s or I-485s without prior notice are still rare, the risk cannot be ignored.

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What Cases Are at Risk of Denial?

Both family petitions (Form I-130) and adjustment of status applications (Form I-485) are vulnerable if submitted with missing, outdated, or incorrect information. Problems I frequently encounter include:

• Incomplete I-864 Affidavit of Support – missing transcripts, unsigned forms, or miscalculated household income.

• Incorrect addresses or missed updates – even a simple change of address, if not reported properly, can cause USCIS notices to be lost and lead to denial.

• Failure to respond properly to an RFE or NOID – submitting partial or insufficient documentation almost guarantees a negative outcome.

• Status or admissibility issues – prior overstays, unauthorized employment, or certain criminal records can lead to denials if not addressed with waivers or legal arguments.

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Why Proper Filing Matters More Than Ever

Although most applicants will still receive a chance to fix mistakes, relying on USCIS to send you an RFE or NOID is risky. In my practice, I advise clients to treat the initial filing as the only chance to get it right. Officers are becoming stricter, and incomplete submissions leave applicants vulnerable to unnecessary delays—or even denial.

Practical Advice for Applicants

• Submit complete and organized applications. Do not assume USCIS will ask for missing pieces.

• Keep your address current. Even a small oversight can cause you to miss an RFE or interview notice.

• Take RFEs and NOIDs seriously. They are often the final opportunity to correct deficiencies.

• Act quickly. Motions and appeals are time-sensitive.

• Seek professional guidance. An attorney can ensure evidence is complete and deadlines are met.

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Why Professional Representation Matters

Self-prepared applications often underestimate the complexity of U.S. immigration law. At SG Legal Group, my team and I make sure applications are thorough, deadlines are not missed, and notices are carefully addressed. I also consult with clients in English, Russian, and Romanian, which helps prevent costly misunderstandings of USCIS communications.

Conclusion

If you are filing a family petition or adjustment of status application, do not assume USCIS will always give you a second chance. Proper preparation is your best protection against denial.

If you need experienced legal guidance, contact me at SG Legal Group. My team and I will help you navigate the process with confidence. Consultations are available in English, Russian, or Romanian. Call 410-618-1288 or visit our contact page to schedule a consultation.