Key Takeaways
• USCIS’s new policy effective June 12, 2025, requires disclosure of derogatory information before negative decisions.
• Applicants receive Notice of Intent to Deny, Request for Evidence, or Notice of Intent to Revoke if derogatory info applies.
• Certain classified or sensitive information may remain undisclosed to protect privacy and national security.
On June 12, 2025, U.S. Citizenship and Immigration Services (USCIS) released a new Policy Alert (PA-2025-09) that changes how the agency handles “derogatory information” in immigration cases. This update is important for anyone applying for immigration benefits in the United States 🇺🇸, as it directly affects how and when applicants are told about negative information that could lead to a denial or other adverse decision. The policy is effective immediately and applies to all pending and future benefit requests filed on or after June 12, 2025.
This article explains what the new policy means, why it matters, and how it affects different groups, including applicants, attorneys, and the agency itself. It also provides step-by-step details about the process, background context, and practical tips for those who may be impacted.
What Is the New USCIS Policy Alert About?
The new Policy Alert from USCIS focuses on derogatory information—that is, any negative or harmful information that could affect a person’s eligibility for an immigration benefit. Examples include past criminal activity, immigration violations, fraud, or other facts that might make someone ineligible for a visa, green card, or other benefit.
Key points of the policy:
- USCIS must generally tell applicants about derogatory information before making a negative decision.
- Applicants get a chance to respond and explain or correct the information.
- Some information may not be shared if it is classified, sensitive, or protected by law.
The policy is designed to make the process more transparent and fair, giving people a real opportunity to defend themselves before a final decision is made.
Why Did USCIS Issue This Policy Alert Now?
USCIS has always had to balance two things: being open with applicants and protecting certain types of information. In the past, there have been complaints that applicants sometimes did not know about negative information used against them, making it hard to respond or fix mistakes.
By issuing this Policy Alert, USCIS is trying to:
- Increase transparency so applicants know what is happening in their case.
- Promote fairness by giving people a chance to respond to negative information.
- Clarify procedures for officers and applicants, so everyone knows what to expect.
As reported by VisaVerge.com, this move is seen as a positive step for both applicants and their legal representatives, who often struggle to address unknown issues in a case.
Who Does This Policy Affect?
This policy affects a wide range of people and groups, including:
- Immigration benefit applicants (such as those applying for green cards, work permits, citizenship, or other benefits)
- Immigration attorneys and legal representatives
- Employers sponsoring workers
- Family members petitioning for loved ones
- USCIS officers and staff
If you have a pending application or plan to file one after June 12, 2025, this policy applies to you.
What Counts as Derogatory Information?
Derogatory information is any negative fact or claim that could make you ineligible for an immigration benefit. Some common examples include:
- Criminal records (arrests, charges, or convictions)
- Immigration violations (overstaying a visa, entering the country without permission)
- Fraud or misrepresentation (lying on forms, using fake documents)
- Security concerns (links to criminal or terrorist activity)
- Other negative findings that could affect eligibility
USCIS officers review all available information when making a decision. If they find something negative that you may not know about, this policy says they should tell you—unless the law says they cannot.
How Will USCIS Disclose Derogatory Information?
USCIS will usually share derogatory information with applicants through official notices. These include:
- Notice of Intent to Deny (NOID): A letter telling you that USCIS plans to deny your application and explaining why.
- Request for Evidence (RFE): A letter asking you for more documents or information to help USCIS make a decision.
- Notice of Intent to Revoke (NOIR): A letter saying USCIS plans to take away a benefit you already received, such as a green card or work permit.
If legally allowed, these notices will include a detailed description of the derogatory information. This gives you a clear picture of what USCIS is concerned about and lets you respond.
What Information Might Not Be Disclosed?
While the policy aims for openness, there are some limits. USCIS may not share certain information if:
- It is classified (for national security reasons)
- It is sensitive or privileged (such as law enforcement sources or protected witnesses)
- It is protected by law (like certain medical or confidential records)
In these cases, USCIS will still try to give you enough information to respond, but some details may be withheld to protect privacy or security.
Step-by-Step: What Happens If Derogatory Information Is Found?
Here’s how the process works under the new policy:
1. USCIS Assesses the Information
- Officers review your application and any information from other sources.
- If they find derogatory information, they decide if it is relevant and important to your case.
2. Disclosure to Applicant
- If the law allows, USCIS sends you a NOID, RFE, or NOIR with details about the derogatory information.
- The notice explains what the negative information is and why it matters.
3. Opportunity to Respond
- You have a set amount of time (usually 30 days) to respond.
- You can send documents, explanations, or other evidence to correct or clarify the information.
4. USCIS Reviews Your Response
- Officers look at your response and any new evidence.
- If your response solves the problem, your application may move forward.
- If not, USCIS may deny your application or take other action.
5. Final Decision
- If the issue is not resolved, USCIS issues an adverse decision (such as a denial or revocation).
- You may have options to appeal or file a new application, depending on your case.
For more details on the types of notices and forms, you can visit the USCIS official forms page.
What Should Applicants Do If They Receive a Notice?
If you receive a NOID, RFE, or NOIR with derogatory information:
- Read the notice carefully. Make sure you understand what USCIS is concerned about.
- Gather evidence. Collect documents, records, or statements that support your case.
- Respond on time. Pay attention to deadlines—usually 30 days from the date of the notice.
- Consider legal help. An immigration attorney can help you prepare a strong response.
- Be honest and thorough. Address each point raised by USCIS and explain any mistakes or misunderstandings.
Missing a deadline or failing to respond can lead to a denial, so it’s important to act quickly and carefully.
Why Is This Policy Important for Fairness?
The new policy is a big step toward fairness in the immigration process. In the past, some applicants were denied benefits based on information they never saw or had a chance to explain. This could lead to mistakes, misunderstandings, or unfair outcomes.
Now, applicants have:
- A clear right to know about negative information in their case
- A real chance to respond and provide their side of the story
- Better protection against errors or false claims
This helps ensure that decisions are based on accurate, complete information—not just one side of the story.
How Does This Affect Immigration Attorneys and Legal Representatives?
For attorneys and legal representatives, the policy provides a clearer path to help clients:
- Identify specific problems in a case early on
- Prepare targeted responses to address derogatory information
- Advise clients on the best way to fix or explain issues
- Reduce surprises that can lead to denials or delays
Attorneys can now work more effectively, knowing exactly what USCIS is concerned about and how to address it.
What Are the Limits of the Policy?
While the policy is a big improvement, there are still some limits:
- Not all information can be shared. Classified or protected information may be withheld.
- Some cases may move quickly. If you miss a deadline, you may lose your chance to respond.
- The policy does not guarantee approval. Even with a response, USCIS may still deny your application if the issues are not resolved.
It’s important to stay informed, respond quickly, and seek help if needed.
Background: How Did We Get Here?
USCIS has long faced challenges balancing transparency with the need to protect sensitive information. In the past, some applicants and attorneys complained that decisions were made based on secret or undisclosed information, making it hard to defend against mistakes or false claims.
Over time, courts and advocacy groups pushed for more openness and fairness. The new Policy Alert is part of USCIS’s ongoing effort to improve the process and build trust with the public.
What Happens Next? Future Outlook
The policy is already in effect for all pending and new applications as of June 12, 2025. However, USCIS is accepting feedback from the public and stakeholders until July 14, 2025. This means there could be further changes or clarifications based on comments from applicants, attorneys, and advocacy groups.
If you want to read the full policy or submit feedback, visit the USCIS Policy Manual.
What Should Stakeholders Watch For?
- Applicants: Watch for any notices from USCIS and respond quickly. Keep copies of all documents and correspondence.
- Attorneys: Stay updated on policy changes and advise clients on how to respond to derogatory information.
- Employers and sponsors: Make sure you understand the new rules, especially if you are sponsoring workers or family members.
- Advocacy groups: Monitor how the policy is applied and report any problems or unfair practices.
Key Takeaways and Practical Guidance
- USCIS must generally tell you about derogatory information before making a negative decision.
- You have the right to respond and provide evidence or explanations.
- Some information may not be shared if it is classified or protected by law.
- Respond to any notice from USCIS quickly and thoroughly.
- Seek legal help if you are unsure how to respond.
- The policy applies to all pending and new applications as of June 12, 2025.
Where to Find More Information
For official updates, forms, and policy details, visit the USCIS website. You can also find the latest policy alerts and manuals there.
If you have questions or need help, contact the USCIS Office of the Director at Camp Springs, MD 20588-0009.
Conclusion
The new USCIS Policy Alert on derogatory information is a major change that aims to make the immigration process in the United States 🇺🇸 more transparent and fair. By giving applicants a real chance to see and respond to negative information, the policy helps protect against mistakes and unfair decisions. While there are still some limits, the overall effect is positive for applicants, attorneys, and the agency itself.
Analysis from VisaVerge.com suggests that this policy will help many people avoid unnecessary denials and improve trust in the immigration system. As the policy is implemented and feedback is collected, stakeholders should stay informed and be ready to respond to any new developments.
If you are applying for an immigration benefit, pay close attention to any notices from USCIS, respond quickly, and seek help if you need it. This policy gives you a stronger voice in your case—and a better chance at a fair outcome.
Learn Today
USCIS → United States Citizenship and Immigration Services, the federal agency managing immigration applications and benefits.
Derogatory Information → Negative or harmful details that can affect immigration eligibility, like criminal or fraud records.
Notice of Intent to Deny (NOID) → Official letter warning an applicant that USCIS intends to deny their immigration request.
Request for Evidence (RFE) → USCIS letter asking applicants for additional proof or documents to support their case.
Notice of Intent to Revoke (NOIR) → Notification that USCIS plans to revoke an already granted immigration benefit.
This Article in a Nutshell
USCIS’s June 12, 2025 policy changes promote transparency by informing applicants of negative information before decisions. It offers applicants a chance to respond. Exceptions exist for classified or protected data. This reform enhances fairness and trust in immigration processes, benefiting applicants, attorneys, employers, and USCIS staff alike.
— By VisaVerge.com
