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.
On April 24, 2020, USCIS announced that they were extending their temporary closure date until June 3, 2020. As of June 4, 2020, USCIS is open to continue with interviews and to allow visits to their immigration offices.
USCIS is the immigration office that reviews applications of those seeking their U.S legal permanent residence card (also known as a “green card”) via a family petition, U-Visa, VAWA, Asylum or U.S citizenship. Typically, they hold in person interviews and exams with the applicant in order to determine if they will obtain their U.S legal permanent residence card or U.S citizenship.
Due to the outbreak of the Coronavirus, USCIS announced on March 18, 2020 that they cancelled all interviews and visits to the USCIS immigration offices to protect everyone’s health and safety. Previously, they had announced that they would temporarily close until April 1, 2020 but then they extended their date to June 3, 2020. As of June 4, 2020, USCIS immigration offices have opened for interviews and office visits.
You may ask yourself, “well what does that mean for my immigration case?” “Is it on pause or on hold during the pandemic of the Coronavirus?” To answer this question, no, your case is not put on hold during the pandemic of the Coronavirus. Immigration officers are still working and continue to review your application. Therefore, you may still continue working with your attorney to submit your application and if you don’t have an attorney and would like to begin an immigration case, please don’t hesitate and contact one of our Franco Law Group attorneys at 213.200.1505.
Frequently Asked Questions (FAQs)
How long does it take to apply for a U.S Residency application (green card)?
The processing time once submitted to the United States Citizenship and Immigrations Services Department (USCIS) depends on the field office or service center that receives your residency application.
Field Office or Service Center (located on your receipt from immigration)
How long does it take to receive a decision for my U-Visa?
Currently it takes about 5 years to receive a decision. As of today, August 14, 2020, USCIS service centers in Nebraska and Vermont are reviewing U-Visa applications submitted on December 10, 2015.
How long does it take to apply for U.S Citizenship?
The processing time once submitted to the United States Citizenship and Immigrations Services Department (USCIS) depends on the field office that receives your naturalization/citizenship application.
For example, as of today, August 14, 2020, the processing time for the Los Angeles field office ranges from 12.5 to 18.5 months. The Los Angeles County field office ranges from 13 to 16 months.
Executive Office for Immigration Review (EOIR) aka “Immigration Court”
On March 13, 2020 the Executive Office for Immigration Review in Los Angeles (also known as the “Immigration Court”) announced that they would be postponing all Master hearings as a result of the breakout of the Coronavirus. A master hearing is a preliminary hearing where you present your immigration case before an immigration judge.
Later on March 18, 2020 the Executive Office for Immigration Review also postponed all non-detained hearings. Therefore, the only hearings that are still scheduled are for those that are detained and are presenting a case before an immigration judge in order to fight for the right to stay in the United States.
Now, if you have a case that you are fighting before the Immigration Court you may wonder if your case is put on hold due to the Coronavirus pandemic and the answer is no. Your case is still active and still being reviewed. Therefore, you should continue working with your attorney to meet any deadlines you may have to submit documents and continue working to move your case forward. If you don’t have an attorney we have an experienced team of attorneys that can help. You may contact us by commenting below or calling our office at 213.200.1505.
As of now, the Executive Office for Immigration Review is not set to open until August 24, 2020. Therefore, any hearings after August 21, 2020 are still scheduled until further notice.
Any filings due during a court closure should be filed. Filing deadlines after March 30, 2020 remain in effect subject to the discretion of the immigration judge. There is no requirement that documents be filed in person. For all courts, parties are encouraged to file by mail or by ECAS where available (EOIR).
If you are an asylum seeker in Mexico and you have a case pending under the MPP program, please know that currently all hearings presently scheduled through April 22 will be rescheduled. Any individual with an MPP hearing date through April 22 should present themselves at their designated port of entry on their previously scheduled date to receive a tear sheet and hearing notice containing their new hearing dates. The Board of Immigration Appeals are still reviewing immigration cases.
Written By Attorney Sergio A. Perez of the Franco Law Group, APLC.
Department of Homeland Security To Collect Social Media Data of All Immigrants.
The Department of Homeland Security (“DHS”) recently announced that, commencing October 18, 2017, it will begin updating its immigrant files by collecting social media data on all immigrants, and that the data collected will become part of an immigrant’s alien file, or A-file. An A-file is the official government record of an immigrant who has had any interaction with the U.S. government as a result of being detained by immigration officials or by applying for an immigration benefit. The new rule states that the data that will be collected includes “social media handles and aliases, associated identifiable information and search results”. However, the rule is so broadly worded that it appears to apply to any person with a government A-file, including green card holders and naturalized U.S. citizens. Understandably, privacy advocates are concerned that the rule is overly and unnecessarily intrusive, and DHS will likely face litigation as a result.
With such a broadly worded and unclear rule, many immigrants and their advocates want to know what kinds of social media activity they should and should not engage in. Unfortunately, until DHS or the courts clarify or narrow the rule, there is currently no clear answer. However, previous cases involving immigrants and social media can provide some guidance. For example, social media posts that indicate that a person may be a threat to public safety or national security are clear red flags for DHS. Indeed, on February 3, 2016, Emadeldin El-Sayed, a 23-year old Egyptian citizen who was in the U.S. on a student visa took to Facebook to express his opposition to then candidate Donald J. Trump’s plan to ban all Muslims from entering the country. Unfortunately for Mr. El-Sayed, his post included the statements that he “wouldn’t mind serving a life sentence for killing this guy” and that he would be “doing the world a favor”. A person who read the post reported Mr. El-Sayed to the FBI and he was arrested by immigration authorities, eventually agreeing to voluntarily depart the U.S. rather than be removed.
Most people’s social media posts are not so clearly red flags for the government and range from legitimate political opinions to harmless statements about what a person had for dinner. However, our experience as immigration attorneys informs us that some seemingly harmless social media posts may be problematic. For example, immigrants should be aware that any social media posts that contradict statements made in connection with an application for an immigration benefit in Immigration Court or with the U.S. Citizenship and Immigration Services may lead to a finding that an immigrant lacks credibility and has provided false statements to the government.
Ironically, undocumented immigrants who have never been detained by immigration authorities and who have never applied for an immigration benefit have the least to worry about with regard to the new rule. The reason for this is that such a person likely never had an A-file created for the government to update. Nevertheless, undocumented immigrants should be mindful of their precarious status in the U.S. and, thus, should also be mindful of any social media activity that could bring that status to the attention of immigration officials.
The attorneys of the Franco Law Group, APLC are available to discuss immigrants’ concerns regarding the new DHS rule, and their immigration concerns generally. Please contact our office to schedule an appointment with one of our attorneys at (213) 200-1505.
