Key Takeaways
• USCIS updated policy on June 11, 2025, requiring disclosure of derogatory information affecting immigration benefits.
• Policy applies to all pending or new benefit requests from June 12, 2025, offering applicants a chance to respond.
• Exceptions exist for classified, sensitive, or privileged information; USCIS may use interviews or evidence requests instead.
U.S. Citizenship and Immigration Services (USCIS) has introduced a major policy update that changes how it discloses derogatory information to people applying for immigration benefits. This new policy, announced on June 11, 2025, and effective from June 12, 2025, aims to make the process fairer and more transparent for applicants. The update affects anyone with a pending or new immigration benefit request, such as green card applications, work permits, or petitions for family members. Here’s what you need to know about this important change, how it works, and what it means for immigrants, their families, and legal representatives.
What Happened and Why It Matters
USCIS updated its Policy Manual to clarify how it will share derogatory information—negative details that could lead to a denial or revocation of an immigration benefit—with applicants. The change comes after years of concern about fairness in the immigration process, especially when applicants are not told about the information being used against them. The new policy is designed to give people a real chance to respond to negative claims before a final decision is made.
This update is important because it directly affects how USCIS makes decisions about immigration benefits. If USCIS plans to deny or revoke a benefit based on derogatory information that the applicant doesn’t know about, the agency will now generally provide a detailed description of that information. This allows the applicant to explain or challenge it, which can make a big difference in the outcome of their case.
Key Details of the Policy Update
- Effective Date: The policy applies to all benefit requests pending or filed on or after June 12, 2025.
- Scope: It covers all types of immigration benefit requests, including green cards, work permits, family petitions, and more.
- Disclosure: When USCIS relies on derogatory information unknown to the applicant, it will usually provide a detailed description in a Notice of Intent to Deny (NOID), Request for Evidence (RFE), or Notice of Intent to Revoke (NOIR).
- Exceptions: There are some situations where USCIS cannot share the information, such as when it is classified, sensitive, privileged, or protected by law, or when it comes from a third party under a confidentiality agreement.
- Applicant’s Rights: Applicants will have a chance to respond to the derogatory information before a final decision is made.
How the New Policy Works: Step-by-Step
1. Receiving a Notice: If USCIS finds derogatory information that the applicant does not know about and plans to use it to deny or revoke a benefit, the applicant will receive an RFE, NOID, or NOIR. This notice will include a detailed description of the negative information, unless disclosure is not allowed.
2. Responding to the Notice: The applicant can submit evidence, explanations, or clarifications to challenge or explain the derogatory information. There will be a deadline for submitting this response, which will be stated in the notice.
3. Additional Requests or Interviews: If USCIS cannot share the derogatory information because of legal or security reasons, the agency may ask the applicant for more information through interviews or additional evidence requests.
4. Final Decision: USCIS will review the applicant’s response before making a final decision. The applicant’s explanation or evidence could help overcome the negative information and result in an approval.
Background: Why Did USCIS Make This Change?
This policy update follows a 2020 decision by the Ninth Circuit Court of Appeals in the case Zerezghi v. USCIS. In that case, the court said that USCIS must give petitioners “specific, rebuttable details” or the “underlying document” if it plans to deny a case based on derogatory information the applicant does not know about. The court’s decision highlighted the need for fairness and transparency in the immigration process.
After the Zerezghi decision, USCIS reviewed its practices and decided to update its policy to better balance transparency with legal and security requirements. The new guidance is meant to make sure that all applicants have a fair chance to respond to negative information, while still protecting sensitive or classified details when necessary.
What Is Derogatory Information?
Derogatory information is any negative detail that could hurt an applicant’s chances of getting an immigration benefit. This could include:
- Criminal records
- Allegations of fraud or misrepresentation
- Security concerns
- Negative information from background checks
- Reports from confidential sources
Sometimes, applicants are not aware of this information, especially if it comes from third parties or government records. The new policy aims to ensure that applicants are not surprised by a denial based on information they never had a chance to address.
Exceptions: When Disclosure Is Not Possible
While the new policy generally requires USCIS to share derogatory information, there are important exceptions. USCIS may not disclose information if:
- The information is classified (related to national security)
- It is sensitive or privileged (protected by law)
- It is covered by statutory protections (such as certain privacy laws)
- It comes from third parties who provided it under a confidentiality agreement
In these cases, USCIS may try to get similar information directly from the applicant through interviews or requests for evidence, without revealing the protected details.
How Does This Affect Applicants?
For most people applying for immigration benefits, this policy update is good news. It means:
- More Transparency: Applicants will know what negative information USCIS is using to make a decision.
- Fairer Process: People have a real chance to explain or challenge derogatory information before a final decision is made.
- Better Outcomes: By responding to negative claims, applicants may be able to correct mistakes or provide context that leads to approval.
However, applicants should be aware that some information may still not be shared if it is protected by law or security rules. In those cases, it is important to respond carefully to any requests from USCIS and to seek legal help if needed.
What Should Applicants Do If They Receive a Notice?
If you receive an RFE, NOID, or NOIR from USCIS that mentions derogatory information:
- Read the Notice Carefully: Pay close attention to the details of the negative information and the deadline for your response.
- Gather Evidence: Collect documents, records, or statements that can help explain or challenge the derogatory information.
- Respond on Time: Make sure to submit your response before the deadline. Late responses may not be considered.
- Consider Legal Help: If the notice is complicated or you are unsure how to respond, it may be helpful to consult an immigration attorney or accredited representative.
Feedback and Stakeholder Involvement
USCIS has invited feedback on this policy update from the public and immigration professionals. Stakeholders can submit comments until July 14, 2025. This feedback period allows USCIS to hear concerns and suggestions, which could lead to further improvements in the policy.
Immigration attorneys and advocacy groups have welcomed the update, saying it is a positive step toward fairness. They also stress the importance of clear and timely notices so that applicants have enough time to respond.
Expert Opinions and Legal Perspectives
Legal experts say this policy brings USCIS in line with what courts have said about fairness in immigration decisions. According to analysis by VisaVerge.com, the update reinforces the right of applicants to know and challenge negative evidence used against them. However, some experts warn that the exceptions for classified or sensitive information may still make it hard for some applicants to defend themselves fully. That’s why it’s important for USCIS to use interviews and evidence requests to give applicants a fair chance, even when full disclosure is not possible.
Immigration law firms recommend that applicants:
- Review any notices from USCIS carefully
- Respond quickly and thoroughly to RFEs or NOIDs
- Keep copies of all documents and responses
- Seek legal advice if the case involves complex or sensitive issues
Implications for Different Groups
- Immigrants and Families: The policy gives individuals and families a better chance to address negative claims and avoid unfair denials.
- Employers and Petitioners: Businesses and sponsors filing petitions for workers or family members will benefit from clearer communication and the opportunity to respond to concerns.
- Attorneys and Representatives: Legal professionals will have more information to help their clients and can provide better guidance on how to respond to derogatory information.
Looking Ahead: What’s Next?
USCIS will review feedback from the public and legal community until July 14, 2025. The agency may make further changes based on this input. It is also important to watch how the new policy is put into practice. Consistent and fair application of the rules will be key to building trust in the immigration system.
Future updates may address specific types of sensitive information or add more protections for applicants. For now, the policy marks a big step toward making the immigration process more open and fair.
Where to Find More Information
- The official USCIS Policy Manual contains the latest guidance on derogatory information disclosure.
- For official news and updates, visit the USCIS Newsroom.
- If you have questions about your case, you can contact the USCIS Contact Center.
- For legal advice, consider speaking with an immigration attorney or an accredited representative.
Conclusion and Practical Takeaways
The June 2025 USCIS policy update on derogatory information disclosure is a major change that improves fairness and transparency in immigration decisions. By giving applicants a real chance to respond to negative information, the policy helps ensure that decisions are based on accurate and complete facts. While some information may still be protected for security or legal reasons, the overall process is now more open and fair.
If you are applying for an immigration benefit or have a case pending with USCIS, stay alert for any notices about derogatory information. Respond quickly, provide clear evidence, and seek help if needed. This new policy gives you a stronger voice in your immigration journey.
For more details, always check the official USCIS Policy Manual and consult trusted legal professionals. The feedback period is open until July 14, 2025, so if you have suggestions or concerns, now is the time to share them with USCIS.
This update shows that USCIS is listening to applicants and the legal community, working to make the immigration process more fair for everyone. Stay informed, be prepared, and take advantage of your right to respond to any derogatory information in your case.
Learn Today
Derogatory Information → Negative details like criminal or fraud records that may cause denial of immigration benefits.
Notice of Intent to Deny (NOID) → USCIS document informing applicants of potential denial based on issues, allowing response time.
Request for Evidence (RFE) → A USCIS request for applicants to provide additional proof addressing concerns or missing information.
Notice of Intent to Revoke (NOIR) → USCIS notification indicating intent to revoke an approved benefit due to new derogatory information.
Classified Information → Sensitive or national security data that USCIS cannot disclose to applicants in immigration cases.
This Article in a Nutshell
USCIS’s June 2025 policy updates transparency rules, requiring disclosure of negative information in immigration cases. Applicants gain fair chances to challenge allegations, improving outcomes and trust in immigration decisions. This reform balances openness with protection of sensitive details, marking a significant step toward fairness and clarity in immigration benefits processing.
— By VisaVerge.com
