A Request for Evidence (RFE) is a request issued by the United States Citizenship and Immigration Services (USCIS) to applicants for residency, citizenship, family visas, and employment visas.

A Notice of Intent to Deny (NOID) is a letter issued by USCIS when the officer determines that the applicant has not demonstrated eligibility for the requested immigration benefit. The letter lists the reasons why USCIS intends to deny the petition(s) and provides the applicant with an opportunity to overcome the reasons for the denials(s).

RFEs and NOID are issued for a variety of reasons including failure to submit sufficient evidence and/or inconsistent information provided. Understanding the reasons why the RFE or NOID was issued is imperative to successfully overcome a negative determination. Here, it is important to note that RFEs and NOIDs are templates. The provided evidence list and the statutes (laws) listed are not specific to your situation. Clients often look at this list and lament; “But I already provided that!” USCIS is telling the applicant what is generally required. It is not advising the applicant as to what is missing from their file.

RFEs and NOIDs are issued typically but not always in spouse-based Green Card cases when USCIS has significant concerns about the legitimacy of the marriage. Remember that, marrying a US citizen is not a guarantee that the immigrant spouse will receive a Green Card or be permitted to travel or remain in the United States. A couple must apply and adequately demonstrate that the marriage is bonafide. A bonafide marriage is a marriage entered into for purposes other than to gain an immigration benefit.

It is crucial that a timely and satisfactory response is filed to either an RFE or a NOID. Often, our office insists upon submitting more evidence to an RFE or NOID than would have been required in the initial submission because, at this point, we need to overcome the officer’s initial impression. Contact us to save wasted time, fees, and heartache.