Those seeking family immigration to Washington State can expect to receive an array of notices and communications from the U.S. Citizenship and Immigration Services (USCIS). Some notices are good, such as the I-797 form, which tells you your application has been received or approved.
Other communications could indicate a problem with your case that needs prompt attention. Below is some information about two often-confusing USCIS notifications that may benefit from a legal opinion.
Request for Evidence (RFE)
You may receive a request for additional evidence if the USCIS needs further information or documentation to process your family immigration application. Although getting an RFE notice can be alarming, it does not generally mean your petition is in jeopardy.
Examples of information frequently requested in an RFE include birth certificates, proof of marriage and bank statements. Ensure you respond to the notice and include the requested material within the timeframe specified in the letter.
Legal assistance may be wise if you have trouble understanding the request.
Notice of Intent to Deny (NOID)
A NOID is a formal letter the USCIS sends when it intends to deny a visa application or petition based on the evidence it has already reviewed. A proper NOID should list the reasons for the decision and include the evidence that supports it.
While a NOID is a serious problem, it may not mean your immigration efforts will fail. You have 30 days to respond to the notice and provide evidence or arguments to overturn the decision. If you do not respond or fail to persuade the USCIS, your case may be denied.
Guidance from a knowledgeable representative may help you convince the USCIS to reconsider your application.