If you have received an RFE, it means that the USCIS officer found evidence you have submitted insufficient to be granted with lawful permanent residence. In case you are unsure what to do next or how to handle the further process, then the first thing would be to contact an immigration attorney.

You expected to provide the requested documents or evidence to respond to the RFE. You can undertake it in three ways:

1. Full response: Here, you will go through the list of evidence stated in your RFE and provide affidavits for each requested information.

2. Partial response – Although you have a list of needed proofs, you choose to provide some of the requested evidence. A partial response will not necessarily mean that your petition will be automatically rejected, as a full response is not a guarantee that your petition will be approved.

3. Withdraw the petition: This is the least favorable option which you should avoid. It’s always better to provide some evidence that you can gather than submitting nothing or withdrawing the petition.

Bearing in mind that you will have a narrow window of time to respond to the RFE, means that you and your attorney should act quickly and avoid missing the date to submit a response.

When you receive NOID, it’s important not to panic because it doesn’t mean that your application will automatically be denied. The USCIS officer will issue this notice to give you a chance to salvage the point.

In the NOIDU, you will find the deadline given by the USCIS, which is usually 30 days to respond. Although you have a certain period of time, we strongly advise you to take immediate steps to respond to the NOID. The best recommendation is to take the NOID to your immigration attorney. An experienced lawyer will advise you on what evidence to gather and ensure that every aspect of the notice is addressed. Unlike RFE, where you have a list of missing evidence, in NOID, you will have a list of reasons, so together with your attorney, you will determine what evidence would support your application. While RFE can be approved with partial responses, unfortunately, it is not the case with the NOID. If you provide a partial response, it will likely result in denial.

Once the USCIS receives your response to NOID, it will review the provided information and approve the case if you submitted sufficient evidence to change the adjudicator’s mind. You have to be patient since this process sometimes may take several months, and long delays are usual. You can use the USCIS Contact Center to check the status of your application.

Upon reviewing your response, the USCIS may find the information you provided insufficiently. In this case, it will issue a denial letter where it will explain the reasons for such a decision. Then, your option is to appeal a denial following a NOID or to reapply simply, which is very often much faster. If you decide that you would instead reapply, then make sure that you address and overcome all the earlier issues proactively this time. When it comes to filing a feer, you must pay all of it again.

Bear in mind that receiving a NOID on your marriage application is an urgent matter. Accordingly, you have to promptly address it to avoid application denial, which is a good reason why you should seek legal help and consult a qualified immigration attorney.

At Herman Legal Group, Your Future Matters Most

Call now for your FREE consultation
+1-800-808-4013
24/7 Evening and Weekends
REQUEST FREE CONSULTATION