USCIS Updates Policy Manual on Disclosure of Derogatory Information in Immigration Cases
In a significant update that could impact thousands of immigration cases, U.S. Citizenship and Immigration Services (USCIS) released a new Policy Alert on June 12, 2025, clarifying how and when it must disclose derogatory information to applicants and petitioners before issuing a denial or revocation.
This move enhances procedural transparency and outlines new protections for applicants facing adverse immigration decisions based on information they may not have previously known.
Table of Contents
What Counts as Derogatory Information in Immigration Proceedings?
Derogatory information refers to any material that could negatively impact the outcome of an immigration benefit request. Under the updated guidance, USCIS identifies several common forms of such information, including:
- Criminal history reports or charges
- Evidence of fraud or misrepresentation in past filings
- Undisclosed immigration violations or prior removals
- Other adverse findings obtained through internal or inter-agency sources
This kind of information can play a decisive role in decisions related to green cards, work permits, visa petitions, and more.
When USCIS Must Inform You of Derogatory Information
The revised policy now requires USCIS officers to provide applicants or petitioners with a fair opportunity to respond to any negative information that could affect their case—if that information is legally permissible to disclose.
This is typically done through the issuance of:
- Notice of Intent to Deny (NOID)
- Request for Evidence (RFE)
- Notice of Intent to Revoke (NOIR)
These notices give the benefit requestor a defined window to address the derogatory claims, submit rebuttal evidence, or correct errors in the record.
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Information That Cannot Be Disclosed
While USCIS strives to offer due process, some derogatory information cannot be shared, even if it influences the final decision. According to the policy update, such information includes:
- Classified materials protected under national security laws
- Sensitive records from other government agencies, unless sharing is permitted
- Data related to protected individuals, such as applicants for:
- VAWA (Violence Against Women Act) relief
- T visas (for human trafficking victims)
- U visas (for crime victims)
- Asylum, refugee, or withholding of removal application materials, which are strictly confidential
In these situations, USCIS may use alternative methods—such as issuing an RFE or scheduling an interview—to gather comparable information from the applicant without disclosing the source.
When Disclosure Is Conditional or Limited
Some derogatory records fall into a gray area, where disclosure may occur but only under strict conditions:
- Personally identifiable information (PII), like Social Security numbers, may be redacted unless consent is given.
- Law Enforcement Sensitive (LES), Sensitive But Unclassified (SBU), and For Official Use Only (FOUO) records require internal approval before being shared.
- Third-party financial or medical records can only be disclosed with consent or if permitted under privacy laws.
Additionally, partial disclosure of ongoing or past investigations is sometimes allowed, depending on relevance and legal permissions.
Why This Policy Update Matters in 2025
This change reinforces due process protections for immigration applicants by making sure individuals are not blindsided by adverse decisions based on hidden information.
For attorneys and applicants, it provides a clearer framework for:
- Challenging incorrect or outdated records
- Providing context or explanations for past issues
- Ensuring decisions are based on accurate, complete information
With growing scrutiny in U.S. immigration procedures, the updated guidance ensures that applicants have a fair shot at defending their case—especially when serious allegations or mischaracterizations are involved.
What Applicants Should Do Next
If you have a pending immigration application or petition:
- Monitor for any NOID, RFE, or NOIR notices
- Respond promptly and thoroughly to requests
- Consult an immigration attorney if you believe undisclosed derogatory information may exist
- Regularly review your immigration file, criminal background, and previous application history
Being proactive can make the difference between an approval and a denial.
Final Thoughts
The USCIS’s new policy on derogatory information disclosure represents a critical shift toward greater transparency and fairness in immigration adjudications. As immigration law continues to evolve in 2025, understanding these nuances can help benefit requestors and their legal representatives better navigate the system and prepare strong, complete cases.