Request for Evidence (RFE) Notice from USCIS VERSUS Notice of Intent to Deny (NOID) from USCIS

[RFEs, NOID’s can cause anxiety, worry and even denial petition for immigration applicants]

During the acceptance step USCIS reviews newly received applications and petitions to ensure that they are properly filed. Applications and petitions that are not properly filed are rejected with an explanation of why the application is rejected and the corrective action needed.

U.S. Citizenship and Immigration Services (USCIS) issued a new policy memo to its staff on June 3, 2013, clarifying the use of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) when adjudicating immigration petitions, applications and other requests.

When U.S. Citizenship and Immigration Services (USCIS) needs more information in order to proceed any further on your application, it will issue you a Request for Evidence (RFE) on blue paper. A request for evidence is made when an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant’s eligibility for the benefit sought. USCIS may send you a request for evidence at any stage of review. The request will indicate what evidence or information is needed to fully evaluate your application or petition. The notice will explain where to send the evidence and will give the deadline for your response. Your application or petition will be held in suspense during that time. If you receive a request for evidence and have questions about what you need to submit, you may make an appointment with us by e-mail at immigration.lawyer.bd@gmail.com or call us on 88-01841212225 to discuss your situation with our U.S. Immigration Specialist Lawyer Barrister M. R. I. Chowdhury.

You will need to respond to the RFE together with credible additional supporting documentary evidences within the time frame indicated in RFE Notice so that the immigration official adjudicating your case will have enough evidence to make a favorable decision.

Please keep in mind that USCIS has the power to deny immigration applications without first issuing RFEs, so you should be thankful for the opportunity to correct information, carefully provide more relevant documentation and information and convince immigration officials by RFE’s submission to approve your case.

Consider this to be a chance to address any weaknesses in your application by sending along with evidence that could be weighed in an immigration officers second review of your case. Just make sure that you return your RFE before the deadline given by USCIS. If you fail to respond, USCIS will either determine that you abandoned your application and issue a denial.

In other instances, an RFE might cite complex provisions of U.S. immigration law and ask you to provide information to prove that you are eligible for an immigration benefit. It is essential that you understand exactly what you are being asked to prove before responding to a RFE. If you are unsure which types of evidence you should submit to USCIS, you may make an appointment with us by e-mail at immigration.lawyer.bd@gmail.com or call us on 88-01841212225 to discuss your situation with our U.S. Immigration Specialist Lawyer Barrister M. R. I. Chowdhury who can help you review the RFE and assemble the necessary documentation.

How an RFE Differs From a Notice of Intent to Deny (NOID)

USCIS might issue you a Notice of Intent to Deny (NOID) rather than an RFE. This is a more negative determination that will require your immediate action and, in most cases, the assistance of an experienced immigration lawyer who can evaluate (and attempt to salvage) your case. Our Immigration Lawyer and Chief Consular at law have one hand and significant practical experience to handle and 100% success rate of such cases.

If you receive a NOID, it means that a USCIS officer reviewed your application package and found that you are nevertheless ineligible for the immigration benefit for which you have applied. While a NOID is not an official denial, you will eventually receive a Notice of Action denying your application if you do not respond with convincing evidence to show that you should be approved. You should treat this as a more urgent RFE.

What Will Happen to Your Application Next

When USCIS issues a RFE, all processing on your case will stop. Once USCIS receives your RFE response, it will resume case processing, and you can generally expect further action on your application.

Become familiar with 8 C.F.R 103.2(b)(8) in its entirety

8 C.F.R. 103.2(b)(8) covers Requests for Evidence and Notices of Intent to Deny. Under 8 CFR 103.2(b)(8), USCIS has the discretion to issue RFEs and NOIDs in appropriate circumstances. USCIS also has the discretion in some instances to issue a denial without first issuing an RFE or a NOID when there is a lack of initial evidence. Amount of time USCIS gives for response is discretionary but in no case will exceed 12 weeks for an RFE or 30 days for a NOID. The regulation says that additional time may not be granted.

RFE may appear to be simple but actually suggests a complex dynamic.

Example of Request for Evidence (RFE):

* Provide complete medical exam
* Submit original birth certificate
* Submit proof of relationship
* Submit various credible documentary evidences together with acceptable brief explanation in       the context of complex Bangladesh Civil Law and U.S. Immigration Law, Expert Opinion and so     on regarding late issued Birth Certificate of Petitioner and Beneficiary from Bangladesh

* Submit proof of 245(i) eligibility, such as physical presence on 12/20/2000 or that a Labor certification        application or petition was filed prior to May 1, 2001
* H-1B that questions the beneficiary’s credentials, the specialty occupation, the employer-employee            relationships (recently common for IT consultant companies)
* L-1A that questions whether the position is executive or managerial L-1B that questions whether the          position involves specialized knowledge
* Step-child petition where USCIS requests information about bona fides of marriage or the biological          parent’s immigration status
* Step-parent/step-child eligibility independent of spouse’s immigration status.

PLEASE NOTE THAT RFE’s or NOID’s RESPONSE MAY REQUIRE BOTH DOCUMENTATION AND CREDIBLE EXPLANATION OF RELEVANT LAW.

How can I avoid an RFE?

Yes, the best way is to get your case prepared and filed properly BEFORE your case is submitted to USCIS. If you are not sure, you should have get your case carefully prepared with the assistance of an experienced Immigration Lawyer. Your Lawyer knows how to present all information that an adjudicator may need in an easy-to-digest format and get your case approved. However, there are some RFEs that you cannot avoid.