USCIS has issued policy guidance in the USCIS Policy Manual regarding how the agency discloses derogatory information upon which an adverse decision is based.
This policy is effective upon publication on June 12, 2025, and applies to pending benefit requests and those filed on or after the effective date.
- This policy guidance states that, if USCIS plans to rely on derogatory information that a benefit requestor is unaware of, they will generally provide a detailed description of the derogatory information in a Notice of Intent to Deny, Request for Evidence, or Notice of Intent to Revoke.
- Further, the policy guidance clarifies when USCIS may not disclose information, such as information that may be classified, sensitive, privileged, or otherwise subject to statutory protections and in other limited circumstances, such as when the information is provided in a third-party record or is subject to disclosure limitations.
Erickson Immigration Insights
Effective June 12, 2025, this policy manual update applies to pending benefit requests and those filed on or after the effective date. Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.