We tell you the difference between a Request for Evidence (RFE) and a Notice of Intent to Deny (NOID)
Any Immigration process can be overwhelming. Especially, when you receive any type of notification or information request from USCIS. There are different reasons for which you would receive any type of communication from the U.S. Citizenship and Immigration Services. That’s why we want to tell you the differences between a Request for Evidence (RFE) and a Notice of Intent to Deny (NOID).
Let’s begin with RFEs. A Request for Evidence is a notice USCIS sends you when your petition lacks crucial evidence. It can be a request for your driver’s license, birth certificate, passport, or any document that can support your application. You only get one opportunity to comply with the request, so you cannot send multiple responses, even if within the time allowed. If you don’t respond to the RFE or fail to send the required documentation (all at once), your petition will be denied.
NOIDs are notices that the USCIS sends out when they plan to deny a petition. They are considered a more serious version of RFEs and this is your LAST opportunity to argue on your behalf and convince the officer that you are worthy of approval. Sometimes USCIS issues them because of critical errors in the initial application, because of facts they discovered during the background check or during their investigation, or because the documents don’t meet the requirements. A Notice of Intent to Deny is sent to give you the chance to defend yourself.
RFEs are used when an officer wants to see if there is enough evidence to approve a petition. NOIDs are used when an officer thinks there is not enough evidence to approve a request. In both cases, the officer will give a list of evidence needed to approve the request. However, in NOIDs, the officer may also provide a list of reasons why the request will be denied. While the RFE gives you 87 days to respond, a NOID usually gives you only 33 days It may vary by case type, and the exact time frame will be stated on the RFE or NOID.
It can be easy to find yourself tangled when it comes to Immigration Law. The best way to avoid confusion or delays is to hire an attorney to handle your case.
At the Law Offices of Connie Kaplan we are working with immigrants whose future embodies peacefulness and accomplishment. If this is how you see your future and want us to help you get there, give us a call. We look forward to guiding you.