United States | USCIS updates guidance on disclosure of derogatory information

U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual with guidance on how the agency discloses derogatory information upon which an adverse decision is based.

Key Points:

• The policy guidance states that a detailed description of the derogatory information will be provided to the benefit requestor if USCIS relies on this information to make its decision and the requestor was unaware of it.
• The guidance clarifies instances when USCIS may not disclose derogatory information, including when the information is classified, sensitive or privileged.
• The policy update is effective immediately and applies to pending benefit requests and those filed on or after June 12, 2025.

This alert has been provided by the BAL U.S. Practice Group.

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