What is Request for Further Evidence (RFE)? 

Typically, USCIS requests further evidence when the applicant has not submitted enough evidence to establish that they are eligible for the relief they are applying for or additional evidence is needed. 

This has been a very common response from the department of United States Citizenship and Immigration Services (USCIS) for immigrants submitting residency, U-Visa, and citizenship applications. This administration has been using this tactic to delay even more the application process.

What is Notice of Intent to Deny (NOID)?

If you receive a letter from immigration titled Notice of Intent to Deny (NOID), USCIS is informing the applicant that USCIS intends to deny the application, but will give the applicant the opportunity to submit additional evidence or arguments to try to convince USCIS that a denial should not be issued.  

How will immigration notify me if I need to provide further evidence?

An RFE or NOID is usually in the form of a letter and is very specific as to the additional evidence USCIS requires.  Further, the letter will provide a specific deadline by which the additional evidence or arguments must be submitted.

What do I do if I received a letter from immigration titled Request for further Evidence (RFE) or Notice of Intent to Deny (NOID)?

You must consult with an immigration attorney as soon as possible as these notices have strict and short deadlines. During the consultation with an immigration attorney, the attorney can determine the specific evidence that is been requested, if any other evidence that was not requested that should also be submitted, and also to determine if any legal arguments must be made in support of the initial application or in response to the RFE or NOID.

What happens to my immigration case if I do not respond in time to the request for further evidence or notice of intent to deny from immigration?

A response to a RFE or NOID that is deemed insufficient or that is not filed by the required deadline will result in the denial of the immigrant’s initial application.  Further, under the guidelines of the administration of President Donald J. Trump, a USCIS denial will also likely result in the applicant being placed in removal proceedings before an immigration judge.  For these reasons, it is imperative that an immigrant consults with an immigration attorney if they receive a RFE or NOID from USCIS.

Who is the best attorney to hire to respond to USCIS’ request for further evidence or notice of intent to deny?

The attorneys at Franco Law Group are experienced in responding to RFEs and NOIDs and are available to assist you with your case. Call us today at 213.200.1505 to schedule your consultation with one of our experienced attorneys. They will explain in detail what immigration is requesting, the process step by step, and what to expect.

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