On June 12, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert announcing updates to the USCIS Policy Manual. The updated guidance clarifies how and when USCIS must disclose derogatory information to benefit requestors before issuing an adverse decision.
Types of Derogatory Information
The Policy Manual identifies several categories of derogatory information that may be shared with benefit requestors. This includes any information that could negatively affect the eligibility of an applicant or petitioner for an immigration benefit. Examples of such information include criminal records, evidence of fraud or misrepresentation, and any other adverse findings that could affect the outcome of a benefit request.
Procedures for USCIS Officers
USCIS officers must assess whether derogatory information is relevant and material to the benefit request. If so, and if disclosure is legally permissible, the officer will issue a Notice of Intent to Deny (NOID), Request for Evidence (RFE), or Notice of Intent to Revoke (NOIR), giving the benefit requestor an opportunity to respond. In cases where the information cannot be disclosed such as classified, privileged, or sensitive third-party records, USCIS may withhold the specific details but may seek the same or similar information from the benefit requestor through an RFE or interview.
Information USCIS Cannot Disclose
Certain types of information are protected and may not be disclosed, even if USCIS relies on them when making a decision. These include:
- Classified information protected under national security laws, unless it has been declassified or disclosure is specifically authorized.
- Records owned by other government agencies, unless USCIS has been given explicit permission or the applicant originally submitted the information to that agency.
- Information about individuals protected under specific laws, such as applicants for VAWA, T, or U visas.
- Asylum, refugee, or withholding of removal application information.
Information USCIS May or May Not Disclose
Some types of derogatory information may be disclosed, but only under certain conditions. For example:
- Private or sensitive personal information may be disclosed if relevant, but personally identifiable information (e.g., names, birth dates, Social Security numbers) must typically be redacted unless the individual has given consent.
- Information labeled as Law Enforcement Sensitive (LES), Sensitive but Unclassified (SBU), or For Official Use Only (FOUO) may be disclosed only if internal protocols are followed.
- Records from past or ongoing investigations may be partially disclosed.
- Third-party information, such as tax records, health data, or financial documents related to someone other than the applicant, can only be disclosed if the individual to whom the information pertains has provided consent or if disclosure is legally authorized.