Receiving a NOID and RFE may confuse you or intimidate you that it will step on your way to getting a lawful permanent residence. However, if you prepare a concise response with firm evidence, you can influence the USCIS officer’s decision. Keep reading to learn what you need to do in order to overcome RFE or NOID that you have received.
After you receive one of those two notices, it’s time to prepare your response that will convince the USCIS officer that you are eligible to be given the lawful permanent residence.
There are Four Crucial Steps to Undertake in Preparing your RFE Response Carefully:
1. Firstly, you need to make a copy of the RFE. This copy needs to stay with you since the original RFE will be sent back along with your request.
2. The original copy of the RFE needs to be placed on the top of your response documentation, and all others such as marriage certificate, bank statements, or similar, go beyond the RFE.
3. Along with the RFE and evidence you submit, you need to attach a cover letter. Within this cover letter, you should list what documents you included in your response.
4. Before sending out your response, you have to make a copy of all documentation and keep it with you in case you need it in the other process.
Bear in mind that if you miss the first step, your application can be delayed. So check one more time if you put the original RFE, not the copy, and place it on the top of all documents you are submitting. This is because the RFE needs to be the first thing the receiving officer scans to move the process along.
The USCIS will not process a response received with a copy of the RFE. They will typically attempt to make it easy for you to keep the original separate from any documents you’ve made by printing it on colored paper.
If you submit the NOID response, the rules are more-less the same, but let’s highlight the slight differences. In your NOID, you will find a list of reasons you’ve been issued this notice. Depending on those reasons, you’ll probably conclude that you need to submit a variety of evidence to USCIS in order to overcome it.
What you need to do is to review the NOID thoroughly and address every single point the officer listed, making sure that you haven’t skipped any of the noted reasons. Otherwise, you risk your case to be denied based on that single point missed.
If you believe that you have already answered one of the points, you should still address it. For example, suppose you’ve already submitted proof that you and your spouse live together because the USCIS questions the marriage’s legitimacy because of a lack of bona fides.
In that case, you may include a lease agreement and copies of your joint bank statements and tax returns, and, sometimes, the USCIS will be satisfied. Still, you will undoubtedly increase your chances if you attach copies of shared insurance policies, photographs, text messages, and emails throughout your relationship.
Affidavits can also help demonstrate your marriage’s legitimacy, such as from employers, religious leaders, or figures of authority in your community.
If the NOID you received includes information that you deem incorrect, you should prepare a written rebuttal. This may be in the event if you think that the reason USCIS perceived your answers to the interview questions as inconsistent due to language barriers, a partially correct interpretation, or similar, be free to explain and refute the officer’s argument.
USCIS will assess your situation by visiting your home or checking out your online visibility. This aspect of your appearance has to be free from negative information, as well. Therefore, make sure to address those concerns so USCIS officers cannot encounter any adverse or opposing information about you outside of your application packet that can influence the outcome.
