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USCIS Response to Request for Evidence or Intent to Deny

Your hopes of obtaining a U.S. visa may be dashed if you receive a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) from U.S. Citizenship and Immigration Services (USCIS).
These notices request additional information or evidence that USCIS needs to make a decision on your application or petition.
With the help of an experienced immigration attorney, you may be able to overcome an RFE or NOID and move forward with your U.S. visa application.

Request For Evidence

If you have received a Request for Evidence (RFE) from USCIS, it means that they need more information from you in order to make a decision on your case. An RFE is not a denial, and it does not mean that your case is automatically going to be denied. It is simply an opportunity for you to provide more information that will help USCIS make a decision.

In most cases, an RFE will ask for specific documents or evidence that USCIS was unable to find in their initial review of your case.

For example, if you are applying for a green card based on your marriage to a U.S. citizen, USCIS may request proof of your relationship, such as joint bank statements or travel itineraries.

It is important to respond to an RFE as soon as possible and to include all of the requested information, as failure to do so could result in the denial of your case. If you have any questions about responding to an RFE or if you need help with your case, please contact us and we would be happy to assist you.

Notice of Intent to Deny

If you receive a Notice of Intent to Deny (NOID) from the United States Citizenship and Immigration Services (USCIS), it means that the agency is considering denying your application for immigration benefits. A NOID is not a final decision, but it gives you an opportunity to address the USCIS’ concerns before a denial is issued.

  • Failure to meet the requirements for the benefit you are seeking
  • Providing false or incomplete information on your application
  • Inadmissibility based on criminal history, health concerns, or other reasons
  • Failure to comply with the terms of your previous visa
  • Suspected marriage fraud

If you need help responding to a NOID, or if you have any questions about your case, please contact us and we would be happy to assist you.



How Request for Evidence and Notice of Intent to Deny Differ

An RFE is issued when the USCIS needs additional information in order to make a decision on an application. The RFE will list the specific information that is needed and provide instructions on how to submit it. Applicants typically have 87 days to respond to an RFE.

A NOID is issued when the USCIS has decided to deny an application but believes that the applicant may be able to overcome the reasons for denial with additional evidence. Like an RFE, a NOID will list the specific evidence that is needed. However, applicants only have 33 days to respond to a NOID, if the notice was received in the mail. In addition, applicants can typically submit additional evidence with an RFE and a NOID.

Responding to a Request for Evidence or Notice of Intent to Deny

If you do not respond to an RFE or NOID, your application or petition will likely be denied. In some cases, you may be able to file a motion to reopen or reconsider your case if it is denied due to your failure to respond to an RFE or NOID. However, these motions are often difficult to win, so it is always best to respond to an RFE or NOID as soon as possible.

  1. Review the Specific Reasons for the RFE or NOID

    The first step is to carefully review the notice to identify the specific reasons why your application is in jeopardy.

    Once you have done that, you can take steps to address the issues raised in the notice.

    For example, if the USCIS is questioning your eligibility for a particular benefit, you may need to submit additional documentation or information.

    If the agency has concerns about your character or criminal history, you may need to provide evidence of rehabilitative efforts or good moral character.

  2. Talk to an Immigration Attorney

    Depending on your situation, it may also be helpful to consult with an experienced immigration attorney.

    An attorney can help you evaluate your case and determine the best way to respond to the USCIS’ concerns. In some cases, it may be possible to convince the agency to approve your application despite their initial concerns.

  3. Submit as Much Evidence as You Can

    When responding to an RFE or NOID, you should always submit as much evidence and information as possible. USCIS adjudicators are often very busy, so the more information you can provide, the better. All of your evidence and information should be organized and well-written, as this will make it easier for the adjudicator to review and understand.

  4. Stay Calm

    If you receive a Notice of Intent to Deny from the USCIS, don’t panic. Take a close look at the notice and take steps to address the agency’s concerns. With careful preparation and assistance from an experienced attorney, you may still be able to obtain the immigration benefits you are seeking.

Schedule a Consultation with an Immigration Attorney Today

If you have received a Request for Evidence or Notice of Intent to Deny from USCIS, don’t hesitate to get help from an experienced immigration attorney at Olubusayo Fasidi PC. We can review your case and help you develop the best strategy for responding to USCIS.

Fill out our online form or give us a call to schedule a consultation today.

You don’t need to navigate this intricate journey alone. Reach out to us today and allow us to guide you

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