The U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance, effective immediately, to clarify procedures for disclosing derogatory information unknown to immigration benefit applicants before an adverse decision is made. The update, detailed in Policy Alert PA-2025-09, aims to enhance transparency and ensure applicants have an opportunity to respond to information that could impact their eligibility for immigration benefits.
The revised guidance, incorporated into Volume 1 of the USCIS Policy Manual, responds to a 2020 Ninth Circuit Court of Appeals decision in Zerezghi v. USCIS. The court mandated that USCIS provide petitioners with “specific, rebuttable details” or underlying documents when denying benefits, such as a Petition for Alien Relative (Form I-130), based on derogatory information unknown to the applicant. This ruling prompted USCIS to refine its disclosure practices to balance fairness with legal and procedural constraints.
A key addition to the Policy Manual is Volume 1, Part E, Chapter 6, Section G, titled “Derogatory Information Unknown to the Benefit Requestor.” This section defines derogatory information as data relevant to adjudication that negatively affects an applicant’s ability to demonstrate eligibility or warrant favorable discretion for the requested benefit.
It mandates that when USCIS intends to deny a benefit request based on such information unknown to the applicant, it must provide sufficient notice and an opportunity to rebut the information and present supporting evidence. The section also outlines that officers must adhere to specific regulations and policies when handling classified derogatory information or information subject to procedural requirements.
Additionally, it notes that USCIS generally does not disclose information restricted by procedural agreements or contracts and must comply with laws governing privacy, confidentiality, and the sharing of personally identifiable information with third parties.
Under the updated policy, when permissible, USCIS will provide a detailed description of the derogatory information. In cases where disclosure is restricted—such as with classified information, third-agency records, or data protected by privacy laws—USCIS may request related information from the applicant through a Request for Evidence (RFE) or during an interview.
The policy also removes outdated content from the Notices of Intent to Deny section to align with these changes. This guidance, effective for all benefit requests pending or filed on or after June 12, 2025, supersedes prior conflicting guidance and aims to standardize procedures across USCIS operations.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
