GreenCardGuys Law Group

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Respond to RFE or NOID

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What is RFE?

Request for Evidence is an opportunity to provide USCIS more evidence about your relationship. This often happens during marriage related adjustment of status cases. This can also happen for other types of applications if required evidence is missing. In the typical scenario for marriage-based application for adjustment of status, most people who file on their own believe a marriage certificate is enough, but that very far from the truth.

Will USCIS deny my application if I receive RFE?

USCIS will not deny it automatically; otherwise, they would have done that already. This is a second chance for you.

What to do if I receive a RFE?

Step 1: Calculate the deadline and mail the response at least 1-2 weeks before the deadline by next day mail.

Step 2: Read the original RFE document in complete detail and carefully. USCIS usually shares a checklist of what they want to see in your response.

Am I required to respond to this RFE?

Yes, if you want any chance of approval. USCIS is giving you an opportunity to provide them compelling evidence that your relationship is bona fide (real and genuine).

What if I do not respond to the RFE?

USCIS will deny your application. You may be able to file an appeal, but it will be a difficult pathway if you did not respond to the RFE. Call us your Houston immigration attorneys to discuss if filing a brand new application is better than filing an appeal.

What is NOID?

Notice Of Intent To Deny (NOID) is an alert from USCIS that the evidence sent with the immigration petition is insufficient (not enough) and USCIS plans to reject the application if the foreign national does not provide additional information. It is basically USCIS stating “look we are going to deny you, but we are offering you this one last chance.”

What to do after receiving NOID letter?

You need to at least consult with our experienced Houston immigration attorneys because USCIS is offering you this last opportunity. Do not waste it. You clearly could not provide the required evidence before, so what makes you think you can do it on your own this time? You likely waited many years to get to this point. Do not take any chances. We recommend you hire an experienced Houston immigration attorney to guide you through this process. Typically, there is a deadline of 30 days from the date on the letter. This means you only have 1-2 weeks to gather your additional documents or evidence.

What is a common situation when people receive NOID?

We guided and represented many clients in various scenarios. It ranged from married couples filed on their own and did not know what evidence to provide. They thought a marriage certificate and hundreds of photos were enough. We also helped clients who USCIS claims the client allegedly misrepresented prior information about them, which has included a different name, date of birth or marriage relationship on prior application, such as DS-160. DS-160 is required for nonimmigrant visas, such as visitor visa.

CALL OUR OFFICE AT 469-645-8464 TO REACH OUR DALLAS OR HOUSTON OFFICES. OR SCHEDULE A CONSULTATION AT WWW.CALENDLY.COM/JOHNTING/HIRE

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GreenCardGuys Law Group
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