Why did I receive a request for evidence?

If you filed an application or petition for immigration benefits (e.g. I-130, I-485, I-821, I-765, etc.) and received a notice from USCIS asking for additional evidence, this is commonly called a Request for Evidence (RFE). This means that, for some reason, USCIS requires additional information before continuing to process your benefits.

When should I respond to the RFE?

The notice from USCIS should include a deadline to respond. Sometimes the notice will list the actual date of the deadline. Other times the RFE will simply say that you should respond in some number of days after the date of the notice. For example, if the RFE is dated January 1, it might give you 30 days to respond (if online) or 33 days to respond (if by mail), or something similar. This is very important, because if USCIS does not receive the response with all requested evidence on or before the deadline, then they might deny your benefit.

What should I send with the RFE response?

You must send all requested evidence set forth in the RFE. Many times, USCIS will use broad, catch-all language (e.g. all criminal records), which means that you have to make sure to send any potentially responsive record, or else USCIS might deny the request.

What happens if I fail to send the requested evidence on time?

If USCIS receives your evidence late (e.g. one day after the deadline), then they can deny your benefits for failing to respond to the RFE. Likewise, if you fail to send all requested and responsive evidence, USCIS could deny. They usually do not send a notice of intent to deny or terminate after an RFE; they just issue the denial.

What is a Notice of Intent to Deny?

If you received a notice of intent to deny (NOID) or a notice of intent to terminate (NOIT) from USCIS, then this means that they are planning to deny your requested benefit. Usually, a NOID/NOIT will include a deadline, similar to an RFE, to allow you one last chance to provide evidence to change their intended decision. You must make sure that USCIS receives the response with all requested evidence on or before the deadline, or else USCIS will likely issue a denial of your case.

What happens if USCIS denies my case?

If you fail to properly respond to an RFE or a NOID, or if USCIS denies your case without sending an RFE or NOID, they should issue a written decision explaining why they are denying your case. If USCIS made a mistake, an experienced attorney can help you file a proper appeal. If you made a mistake, an attorney can help you review any potential defenses to that mistake, and either re-file (if possible) or appeal (if appropriate).

What if I do not appeal the denial?

If you fail to appeal a denial, then everything depends on why you were denied, and what benefit you were denied for. Some denials do not lead to deportation/removal proceedings, such as a work permit renewal, usually. However, some denials will result in USCIS sending your case to ICE to place you into removal proceedings at the Immigration Court.

An experienced immigration attorney can help you navigate RFEs, NOIDs, NOITs, and denials, as well as review your eligibility to re-file for benefits or appeal the decision, where appropriate. Call us today at 770-993-9636 for a free consult to review your case.