It is not uncommon for USCIS to issue a request for further evidence (RFE) after an immigrant has filed an application for an immigration benefit. This is typically done when the agency determines that the applicant has not submitted sufficient evidence to establish that she is eligible for the relief she is seeking. USCIS may also issue a Notice of Intent to Deny (NOID) in which, as the name suggests, the agency informs the applicant that it 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. 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.
If an immigrant receives a RFE or NOID after filing for an immigration benefit, it is highly recommended that she consult with an immigration attorney as soon as possible. Indeed, the attorney can determine the specific evidence that is needed, if any evidence not requested should also be submitted and also determine if any legal arguments must be submitted in support of the initial application or in response to the RFE or NOID.
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 immigrant being placed in removal proceedings before an immigration judge. For these reasons, it is imperative that an immigrant consult with an immigration attorney if she receives a RFE or NOID from USCIS.
The attorneys of the Franco Law Group are experienced in responding to RFEs and NOIDs and are available to assist you with your case.