US Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on how it discloses derogatory information upon which an adverse decision is based.
This policy guidance:
- states that, if USCIS plans to rely on derogatory information that a benefit requestor is unaware of, it 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; and
- 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.
This policy is effective June 12, 2025 and applies to pending benefit requests and those filed on or after the effective date.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.