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USCIS Issues Guidance Regarding Disclosure of Derogatory Information

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USCIS
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Informational only, not legal advice. Confirm deadlines on the official notice or with a qualified professional.

USCIS issued new guidance clarifying when and how the agency must disclose derogatory information to applicants in naturalization, green card, and other immigration cases. The guidance generally requires disclosure in Notices of Intent to Deny, Requests for Evidence, or Notices of Intent to Revoke, but preserves exceptions for classified, sensitive, privileged, or otherwise protected information. This change enhances transparency and due process for benefit requestors.
Full official notice
USCIS

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States that, if we plan to rely on derogatory information that a benefit requestor is unaware of, we will generally provide a detailed description of the derogatory information in a Notice of Intent to Deny, Request for Evidence, or Notice of Intent to Revoke; and Clarifies when we may not disclose information, such as information that may be classified, sensitive, privileged, or otherwise subject to statutory protections and in other limited circumstances, such as when the inform

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