When filing for immigration benefits with the United States Citizenship and Immigration Services (USCIS), there are several notices that an applicant may receive in response. A receipt notice of filing. A biometrics appointment to provide finger prints and photo. A deficiency notice to submit an additional form to name a few.
Two such notices are the Notice of Intent to Deny (NOID) and the Request for Evidence (RFE). While these notices may seem similar at first glance, they have different implications and require different responses from the applicant.
What is NOID ?
A NOID is a written notice from USCIS indicating that the agency is intending to deny your application. The NOID will typically explain the grounds for the proposed denial and provide the applicant with an opportunity to respond before a final decision is made. Most of the time, a NOID must be issued before USCIS makes a final decision to deny your application, and it must provide the applicant with a reasonable opportunity to respond.
There are several reasons why USCIS may issue a NOID. For example, USCIS may issue a NOID if the agency determines that there is insufficient evidence to establish eligibility for the requested benefit, or if the application is incomplete or contains errors. USCIS may also issue a NOID if the agency determines that the applicant is ineligible for the benefit sought based on the applicant’s immigration status or criminal history.
If an applicant receives a NOID, it is important to carefully review the grounds for the proposed denial and to respond in a timely and thorough manner. Failure to respond to a NOID will most likely result in the denial of the application, and the applicant may be unable to file a new application or appeal the decision.
What is a Request for Evidence (RFE) ?
A Request for Evidence (RFE) is a written notice from USCIS indicating that additional evidence or information is required to complete the processing of an application. An RFE is typically issued when USCIS determines that the application is incomplete or that additional information is necessary to establish eligibility for the requested benefit.
Unlike a NOID, an RFE does not indicate that USCIS is intending to deny the application. Instead, an RFE provides the applicant with an opportunity to provide additional evidence or information to support the application. An RFE may request a wide range of evidence, including documentation of employment, financial records, medical records, current status in the US, bona fides of a relationship, biographical documents such as military service card or a divorce decree and/or criminal records or lack there of.
If an applicant receives an RFE, it is important to carefully review the request and to provide a timely and thorough response. Failure to respond to an RFE may result in the denial of the application, as USCIS may determine that the application is incomplete and decision cannot be made based on provided information or that the applicant is ineligible for the requested benefit as evidence is insufficient to establish eligibility.
NOID or RFE ?
While NOIDs and RFEs may seem similar at first glance, there are several key differences between these two notices.
First, a NOID indicates that USCIS is planning to deny the application, while an RFE indicates that additional evidence or information is required to complete the processing of the application approval.
Second, a NOID provides the applicant with an opportunity to respond to the grounds for the proposed denial, while an RFE provides the applicant with an opportunity to provide additional evidence or information to support the application for an approval.
Third, the response time for a NOID is typically shorter than the response time for an RFE. A NOID must provide the applicant with a reasonable opportunity to respond, but the response time may be as short as 30 days. In contrast, an RFE must provide the applicant with a response time of a maximum of 89 days. During Covid, USCIS extended reply time to all forms of requests by additional 60 days.
Bottom line
Receiving a NOID or RFE can have significant implications for an applicant’s immigration status. If an applicant fails to respond to a NOID or RFE or does not answer to the satisfaction of USCIS, USCIS may deny the application, and the applicant would lose filing fees, potentially lose their legal status in the US, and may even be precluded from receiving future immigration benefits in the U.S.
