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RESPONDING TO RFE’s & NOID’s

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Shobhana Kasturi

RESPONSE TO RFE’S

So you have received a RFE  (request for evidence) for an immigration petition that you have filed. What do you do? What steps do you take?

Here are some essential steps one must take prior to responding to a RFE.

  • Do not panic!!
  • Read the RFE request carefully and make notes of what documentation USCIS is asking for.
  • Determine if you have a good understanding of what is being requested and if you can respond to the request on your own. It is often worth at least to consult with an attorney to see if you need assistance with the response. Often is more than responding to the RFE but also providing supporting evidence and documentation to make your case and respond successfully to the RFE.
  • RFE’s have strict timelines so make sure to see when the RFE is due.
  • If you determine that you need the assistance of an attorney to respond to the RFE, contact one immediately due to the timeliness aspect responding to the RFE.
  • The manner and thoroughness in one which responds to the RFE is essential and can make the difference in having the petition approved or denied.
  • Taking the RFE response seriously is super important.

RESPONSE TO NOIDS

NOID stand for notice of intent to deny. If  you have filed an immigration petition and have received a NOID, please take it very seriously. Here are some steps to consider when dealing with a NOID.

  • Review the NOID carefully and understand the basis for the NOID
  • Consider contacting an immigration attorney to discuss the NOID and figure out whether you need representation in responding to the NOID. The cost and time spent here is well worth it versus having to face a denial and or having to refile the petition.
  • The time frame to respond to the NOID is short so having a strategy and supportive evidence is essential to successfully responding to a NOID.
  • Failure to respond to a NOID or not providing complete documentation can result in the denial of the petition.
  • Receiving a NOID does not mean that your case is doomed for failure. However how you approach responding to the NOID is crucial.

The key aspect here to take the timely response seriously and have an effective strategy to address the concerns and questions raised by USCIS.

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