If you have included additional evidence that was not explicitly requested, be sure to explain why you chose to include it and how it may impact your application.
Make a copy of the cover letter and store it with the copy of Form IE in your records. Note that this may be different than the address that you originally sent your application to, and it may be different than the return address listed on the envelope when you received the RFE by mail. Send your response packet by priority mail with delivery confirmation so that you have proof that you complied with the submission deadline.
While an RFE indicates that your application is missing evidence to make a final decision, an NOID means that you have provided enough initial evidence to evaluate your application and you are determined to be ineligible based on that evidence. A NOID is not an official denial, but if you do not respond with convincing evidence in a timely manner, your petition will be immediately denied.
What is an RFE? Call our Immigration team at to discuss your case today. Schedule Your Consultation. There are RFE templates that give USCIS officers a starting point — then they can customize these templates to request more information and documents for individual applications. The Facts: Typically, an RFE will have an introductory paragraph or two about the original application.
The introduction will state the type of application, the date that USCIS received it, and which office is currently processing it. The introduction will usually also state that USCIS does not have enough evidence to make a decision on the application, and that more evidence is needed.
For example, this part will often get into the details of eligibility requirements. Evidence submitted: This section will typically list all the documents that you have already submitted in support of your application.
You should read this section carefully to see if anything you did submit already has not been listed and therefore, possibly not reviewed. You should also make a note of anything missing from the list that might be helpful to the officer in making a decision on your application, so that you can submit these items as part of your response to the RFE.
Evidence lacking: This section will typically list all the additional documents that USCIS needs to make a decision on your application. In this section, USCIS may also state which eligibility requirement has not been met by the documents already submitted. This section will also inform the applicant about the consequences of not responding to the RFE on time — basically, that a decision will be made based only on documents that were previously submitted and that could mean a denial.
Check out this guide to understanding each part of the RFE. You will typically only get an RFE once, which means you have this one chance to respond to any and all remaining questions that USCIS has about your application.
Next, you should review your original application package. USCIS officers are human, and sometimes they request information that you have already provided. If this is the case, you can photocopy the relevant documents from your original application package to include in your RFE response.
For example, you or your spouse might have trouble getting a copy of your birth certificate because a fire or other disaster destroyed the records. In that case, you should include a letter from the records office that would normally have your birth certificate explaining why that record is not available. Lastly, returning the documents by the USCIS-imposed deadline is extremely important, as is good recordkeeping.
Remember: A Request For Evidence is one more opportunity to make the case that you qualify for a marriage-based green card. Boundless — for people who want the expertise of an immigration lawyer, not the price tag. Get Green Card Checklist Learn what we do for you. More about the RFE Process. Set aside some time for this task. You'll be dealing with a system that tries to screen out all but the most urgent requests, and getting to a live person is a challenge. Hiring an attorney is another option, in case your petition is bogged down for complicated legal reasons.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Grow Your Legal Practice. Meet the Editors. Home Legal Topics Immigration U. Answer Delays are, in fact, often "normal" when it comes to U. Some factors that play into how long it takes USCIS to make a decision on the case include: its current priorities for adjudicating deciding on the particular type of case whether you submitted all the information requested, and whether, if USCIS plans to deny the case, the denial has been reviewed by a supervisor.
0コメント