The U.S. Citizenship and Immigration Services (USCIS) has announced new policy guidance outlining how the agency will handle the disclosure of derogatory information that could negatively impact the outcome of immigration benefit applications. The updated guidelines are now part of the USCIS Policy Manual and take effect immediately, applying to both pending and future applications.
The policy change marks a significant step in the agency’s effort to enhance transparency and procedural fairness within the immigration system. According to the revised guidance, USCIS will, in most cases, provide applicants with advance notice of any negative or derogatory information that the agency intends to rely upon when making a decision to deny an immigration benefit. This information will be shared through formal notices such as a Notice of Intent to Deny (NOID), a Request for Evidence (RFE), or a Notice of Intent to Revoke (NOIR). These notices allow applicants a chance to review the information and respond with clarification, supporting documents, or rebuttals before a final decision is issued.
The new procedure is designed to ensure applicants are not caught off guard by a denial based on previously undisclosed evidence. In practice, this means that if USCIS uncovers information that may adversely affect an application, the applicant will typically be informed and given a reasonable opportunity to respond before a decision is finalized.
“This update reflects our continued commitment to due process and fairness,” a USCIS official stated. “By informing applicants of the specific issues that may lead to a denial, we give them the opportunity to correct the record or provide additional context.”
Despite this increased transparency, the guidance also recognizes that there are certain exceptions where full disclosure may not be appropriate. In limited circumstances, USCIS may lawfully withhold sensitive information, such as data that is classified, subject to legal privilege, or otherwise protected from disclosure under federal law. This may also include information obtained from third-party sources under confidentiality agreements or statutory restrictions.
The policy is applicable to all immigration benefit requests submitted on or after June 12, 2025, as well as any cases that remain pending as of that date. This means individuals currently awaiting decisions on petitions or applications will also be covered under the new procedures.
Immigration attorneys and advocacy groups have largely welcomed the move, noting that it aligns with broader principles of administrative justice. Allowing applicants the opportunity to review and challenge potentially harmful information is seen as a safeguard against unjust or erroneous denials.
The USCIS emphasized that the new policy does not alter the underlying eligibility requirements for any benefit category. Rather, it governs how and when negative information is disclosed in the adjudication process, reinforcing the agency’s obligation to act transparently and equitably.
As the U.S. immigration system continues to evolve, the agency has reiterated its goal of maintaining integrity while ensuring fair treatment for all applicants. This update represents another step toward balancing security, privacy, and accountability within the broader immigration framework.
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