WHAT IS A REQUEST FOR EVIDENCE (RFE)? & WHAT IS A NOTICE OF INTENT TO DENY (NOID)?
Updated: Jul 27, 2021
If you have an open case with USCIS, there are chances that you may receive a letter from them requesting additional evidence (RFE) or a Notice of Intent to Deny (NOID).
First, let’s talk about the Request for Evidence or "RFE". This response means that the decision-maker in charge of the case has determined that there is not enough evidence or information to determine if the applicant is eligible for whatever he or she is asking. This request for information can be as simple as a single question, requesting the applicant for extra documentation, or even a legal argument supporting why the applicant is eligible for a specific immigration benefit. It is noteworthy that the applicant will have anywhere between 30 to 120 day period, (which will be specified clearly in your RFE letter) to provide the requested information. It is especially important to fully understand the information USCIS is requesting from the applicant to make their final decision. If the applicant responds with incomplete information, their case may be denied. The USCIS request is overly complex therefore, I would suggest you seek professional advice from an experienced immigration attorney. This RFE could be your last chance.
Second, Notice of Intent of Deny (NOID); in this case, the officer has most likely made their decision 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 meticulously review the letter and comply with a complete response along with documentation requested. This is an opportunity or the last chance the applicant has, to provide compelling evidence supporting the claim that they are qualified or entitled to the requested benefit.
The immigration process is overly complex; complying precisely and completely to these types of requests can determine a positive or negative outcome of your case.
Interpreting and understanding the information requested, and how to respond sometimes requires many years of experience. Someone with little or no experience in the field may interpret the request differently than someone who is an expert in the field, that is why seeking legal advice or assistance from an experienced professional is highly recommended. Keep in mind that each of these notices are not a guarantee of a positive or negative decision by USCIS, providing as much relevant information, evidence, and a solid argument can be the key to a positive outcome.
Disclaimer: This blog does not constitute legal advice of any kind, and any use of the information above is at readers’ risk. If you need legal advice, please contact a lawyer directly.