Requests for Evidence and Notices of Intent to Deny

 Posted on April 22, 2015 in Immigration

Being in immigration proceedings is frightening for most people. When they are told that their offerings are not enough, it can get even worse. Yet, United States Citizenship & Immigration Services (USCIS) routinely requests further evidence from those in proceedings, for a variety of reasons. If you receive one of these notices, it is important to understand it fully and not panic.

Requests for Evidence

Requests for Evidence (RFEs) can come from any immigration official once you are in proceedings, at any stage of review from then on. While usually they are simply to address any gaps in your information, at times, they can be issued erroneously or even used as ways to fish for potentially damaging information that is not truly relevant to your case. The significant majority, however, are genuine requests for further information, or to clarify something that the officer feels has not been fully explained.

It is important not to panic if you receive one of these. An RFE does not mean that your case will be denied or that there is something fundamentally wrong. However, it does mean that you need to obtain the information in question and reply within the time frame stated. Usually, this is 90 days, though the specific amount of time you will have to reply will usually be stated in the request itself. It does also mean that you must be able to interpret what is being requested. Sometimes, the request may not cite any specific documents; it will merely ask, for example, for “further evidence” regarding a specific criteria of your application. A potential asylee may be asked to provide “further evidence” of their alleged persecution. In these situations, a good immigration attorney can be a huge advantage.

Notices of Intent to Deny

Where an RFE is not necessarily a moment to panic, if you receive a Notice of Intent to Deny (NOID), that is potentially more serious. A NOID is issued in a few different situations, some of which are:

• When the immigration officer has reviewed your submissions and determined that you still do not qualify for the benefit you are applying for;

• When you have submitted so little that your filing qualifies as “skeletal” (this is essentially seen as wasting USCIS’s time); or

• When you do not qualify for an exercise of discretion (if that is a component of the benefit you are applying for, such as cancellation of removal). The NOID is provided in that context to give you a chance to submit further, more persuasive evidence, even though your filing is already technically complete.

If you receive a NOID, it would generally be an extremely bad idea to attempt to negotiate it alone. NOIDs can be so complex and for such varied reasons that most people will not be able to accurately predict what an immigration officer requires, as it can be as vague as an RFE. An attorney on your side greatly increases your odds of successfully overcoming this hurdle.

Let Us Help You

Even though getting an RFE or a NOID may be very intimidating, it is important to keep calm and get the best help possible to provide USCIS with what they need. The skilled Chicagoland immigration attorneys at Mevorah & Giglio Law Offices have a history of success in these cases, and we will work hard to give you the best chance possible at receiving the benefit you are trying to obtain. Contact us today for a free consultation.