Requests for Evidence and Notices of Intent to Deny
USCIS is returning to the adjudicative principles of a June 2013 memo (PDF) that instructed agency officers to issue an RFE or NOID when additional evidence could potentially demonstrate eligibility for an immigration benefit. As part of the updated RFE and NOID policy (PDF, 319.1 KB), USCIS is rescinding a July 2018 memo that permitted agency officers to deny certain immigration benefit requests instead of first issuing an RFE or NOID.
This updated policy will ensure that benefit requestors are given an opportunity to correct innocent mistakes and unintentional omissions. In general, a USCIS officer will issue an RFE or NOID when the officer determines additional information or explanation may potentially establish eligibility for an immigration benefit.
RFEs should be issued 「when the facts and the law warrant,」 it also stated that an adjudicator should issue an RFE unless there was 「no possibility」 that the deficiency could be cured by submission of additional evidence. The effect of the 「no possibility」 policy was that only statutory denials (such as a denial where a nonexistent benefit is requested) would be issued without an RFE or a NOID.
Cases where the regulations, the statute, or form instructions require the submission of an official document or other form or evidence establishing eligibility at the time of filing and there is no submission. For example, family-based or employment-based categories where an Affidavit of Support (Form I-864), if required, was not submitted with the Application to Register Permanent Residence or Adjust Status (Form I-485).
For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners.[…] Doing so will discourage frivolous filings and skeletal applications used to game the system, ensure our resources are not wasted, and ultimately improve our agency’s ability to efficiently and fairly adjudicate requests for immigration benefits[…].
因为以前有很多 frivolous/meritless 的申请，浪费了移民局的时间，拖慢了处理速度，新政是为了减少这种无理取闹的申请，以及「game the system」钻空子的行为。哪些钻空子的行为呢？比如说「先上车、后补票」，先随意提交一个申请占位置、确立优先日期，然后合法停留在美国慢慢等 RFE／NOID 的行为。
当然，这些冠冕堂皇的理由都是说辞。真正的原因是 Trump 政府的反移民倾向。
还可以二次 RFE 吗？
In some cases, particularly where the response to an RFE opens up new lines of inquiry, a follow-up RFE might be warranted.
In response to an RFE or a NOID, applicants, petitioners, or requestors must submit all of the requested materials together at one time, along with the original RFE or NOID. If only some of the requested evidence is submitted, USCIS will consider this to be a request for a decision on the record.