USCIS Issues New Guidance on Disclosure of Derogatory Information for Immigration Applicants

Derogatory Information refers to any record—such as criminal history, misrepresentation claims, or public‑charge concerns—that USCIS uses to decide on your immigration benefit. The new USCIS policy requires officers to notify you in writing if they rely on derogatory information you don’t already know, giving you a clear chance to respond. This guidance promotes transparency, ensures fairness, and helps you prepare a strong rebuttal. Learn how these changes affect your application and what steps to take next.

Table of Contents

1. Background

2. Key Provisions of the Guidance

3. When USCIS May Withhold Derogatory Information

4. How USCIS Discloses Derogatory Information

5. Impact on Benefit Requestors

6. Next Steps for Applicants

7. Maple Crest Immigration Law

1. Background

On June 12, 2025, U.S. Citizenship and Immigration Services (USCIS) issued new instructions on handling Derogatory Information in its Policy Manual. This update ensures that applicants facing possible denials know the exact adverse data used against them uscis.gov. The policy applies to all pending requests and to those filed on or after the publication date uscis.gov.

USCIS defines Derogatory Information as any record—third‑party or government—that may support an adverse decision on a benefit request (for example, criminal history, misrepresentation, or public‑charge concerns). When applicants lack awareness of certain records, USCIS must now provide clear notice before final denial.

2. Key Provisions of the Guidance on Disclosure of Derogatory Information

The new policy clarifies two main points:

1. Notice Requirement

   • If USCIS plans to rely on Derogatory Information unknown to the applicant, it will issue one of three notices—

     • Notice of Intent to Deny (NOID)

     • Request for Evidence (RFE)

     • Notice of Intent to Revoke (NOIR) or Terminate (NOIT) uscis.gov.

   • Each notice must include a detailed description of the Derogatory Information to give the applicant a fair chance to rebut.

2. Limits on Disclosure

   • USCIS may withhold Derogatory Information if it is classified, privileged, sensitive, or protected by statute (e.g., Privacy Act).

   • Information from third‑party records subject to non‑disclosure agreements may remain undisclosed.

3. When USCIS May Withhold Derogatory Information

USCIS will not disclose Derogatory Information in these scenarios:

Applicants can review USCIS’s privacy rules at the Privacy Act of 1974 page on the Department of Homeland Security website.

4. How USCIS Discloses Derogatory Information

When disclosure is allowed, officers must follow a clear process:

1. Determine Authority

   • Confirm that no statute, regulation, or privilege bars release.

2. Select Appropriate Notice

   • RFE if additional documents are needed.

   • NOID to indicate likely denial.

   • NOIR/NOIT for revocation or termination of approval.

3. Provide Detailed Description

   • Describe facts, dates, and sources of the Derogatory Information in plain language.

   • Include relevant exhibit numbers or document titles.

4. Offer Rebuttal Opportunity

   • Give applicants at least 30 days to respond with evidence or explanation.

This step‑by‑step framework ensures transparency and fairness in handling Derogatory Information.

5. Impact on Benefit Requestors

For applicants, the new guidance means:

• Early Warning
  You receive clear notice if USCIS relies on Negative Case Data not in your file.

• Fair Opportunity
  You can rebut facts—submit affidavits, court dispositions, or expert reports.

• Reduced Surprise Denials
  Adverse decisions are less likely without prior disclosure and chance to respond.

• Consistency Across Offices
  All USCIS centers apply the same rules to Negative Case Data, lowering office‑to‑office variance.

As an immigration expert, I advise applicants to:

• Monitor your case status at the USCIS Case Status Online portal.

• Respond promptly to any NOID or RFE that mentions Derogatory Information.

• Seek legal advice early if you suspect adverse records may exist.

6. Next Steps for Applicants

1. Review Your Records
   Obtain FBI Name Check results and state criminal history to identify possible Derogatory Information

2. Prepare Evidence
   Gather court documents, affidavits, and letters of explanation.

3. Consult Reliable Sources

   • USCIS Policy Manual, Volume 1, Part E, Chapter 6: Evidence, Section “Disclosure of Derogatory Information.”

   • USCIS Alerts: Full text of the policy update.

4. Respond Promptly
   File your rebuttal before the deadline stated in the notice.

5. Seek Legal Counsel
   Engage an immigration attorney to guide your response and maximize your chances of a favorable outcome.

By following this guidance, USCIS aims to handle Negative Case Data more consistently and fairly. Applicants should stay informed, keep detailed records, and act swiftly when notified. This transparent process helps ensure that decisions rest on reliable evidence and that every applicant has the chance to correct or explain adverse findings.

Maple Crest Immigration Law

Secure your immigration future with confidence. If you’ve received a Notice of Intent to Deny, RFE, or NOIR citing derogatory information—or if you simply want to get ahead of any hidden issues—Maple Crest Immigration Law Firm is here to help.

• Free Case Assessment: We’ll review your notice, identify any derogatory information, and outline a clear response strategy.

• Expert Guidance: Our attorneys have deep experience navigating USCIS disclosures, ensuring you understand every detail.

• Timely Action: We work quickly to prepare strong rebuttals and submit critical documents before your deadline.

Don’t wait until a denial notice arrives. Contact Maple Crest Law today for a complimentary consultation. Let us handle the complexities so you can focus on your future in the United States.