If you have an open case with USCIS, there is a possibility that you have received a letter from them requesting additional evidence (RFE) or a Notice of Intent to Deny (NOID).
First, let’s discuss the “Request for Evidence” or RFE.
This response means that the person responsible for making a decision on your case has determined that there is not enough evidence or information to decide whether the applicant is eligible for whatever they are applying for. This request for information can be as simple as a question, asking the applicant for extra documentation, or even a legal argument that supports why the applicant is eligible for a specific immigrant benefit.
It is important to note that the applicant will have a period of 30 to 120 days (as specified in your RFE letter) to provide the required information. It is crucial to understand the specific information USCIS is requesting from the applicant to make their final decision. If the applicant responds with incomplete information, their case may be denied.
Since USCIS’s request can be complex, it is highly recommended to seek professional advice from an experienced immigration attorney. This RFE may be your last opportunity.
Second, the Notice of Intent to Deny (NOID):
In this case, it is highly likely that the officer has decided to deny the applicant’s case unless the applicant can convince them otherwise. The immigration officer may request additional information or documents to make their final decision. Upon receiving this letter, the applicant must review it meticulously and submit a complete response along with the requested documentation.
This is the last opportunity the applicant has to provide convincing evidence supporting the claim that they are qualified or entitled to the benefit they are seeking.
Immigration processes are highly complex:
Meeting these requests accurately and completely can determine a positive or negative outcome for your case.
The interpretation and understanding of the requested information, as well as how to respond, sometimes require many years of experience. Someone with little or no experience in this field might interpret the requests differently than an expert in the field, which is why seeking legal advice or assistance from an experienced professional is highly recommended. Keep in mind that neither of these notices guarantees a positive or negative decision by USCIS. Providing as much relevant information, evidence, and strong arguments as possible is key to a positive outcome.
Disclaimer: This forum does not constitute legal advice of any kind, and any use of the information provided above is the responsibility of the readers. If you need legal advice, please contact an attorney directly.
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