RFE and NOID

RFE stands for Request for Evidence. This occurs when the immigration services want more information. They may ask only for a single piece of paper, for example a court document stating that you are divorced, or they may ask for a great deal of information such as your bank statements from 2008 to the present. Each RFE is different as it is based on the needs of the individual officer reviewing your file. In general an individual has a minimum of 30 days to respond to a RFE. However, one can request more time or the agency may give you more time. In some cases more time will be needed as getting documents from a foreign country can be difficult if the alien is in the United States.

A NOID is a Notice Of Intent to Deny. A NOID generally comes after a RFE and is a good indication that the agency is going to deny your application. One can try to cure whatever defect is present but this can be difficult. USCIS cannot issue a NOID for failure to provide information without first issuing a RFE for that information. As mentioned above a NOID is a good indication of what the USCIS intends to do, but it is a preliminary hearing and can be changed. If you receive a NOID or RFE do not hesitate. Contact the agency to ask them for clarification if needed or get moving on getting what ever information is needed to continue your application process.

Furthermore, an officer or agency can issue more than one RFE or NOID depending on how the case goes. For example, if you provide enough information, but during review the officer has a new question, a new RFE may be issued. This process can drag out for a long period of time, but you can look at it as a good thing, the services are at least looking at your case and not dismissing it out of hand!

Visa Bullentin Board January 2010

In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 01 April 2004, 01 April 2004, 15 August 1992, 01 Dec. 1993, and 01 April 2004 for the following areas China, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 01 January 2006, 01, January 2006, 01 January 2004, o1 January 2006, 01 January 2006 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 2B preferences are as follows: 01 December 2001, 01 December 2001, 08 August 1992, 01 July 1998, 01 December 2001 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 22 May 2001, 22 May 2001, 15 September 1992, 01 December 1991 and 22 May 2001 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 01 October 1999, 01 October 1999, 22 November 1995, 01 May 1987, 01 October 1999 for the following areas; China, India, Mexico, Philippines, all other areas respectively.

The employment based Visas can be broken down as follows.

1st preference - current for all areas.
2nd preference - current for Mexico, Philippines, all other areas. 01 May 2005 and 22 Jan 2005 for China and India respectively.
3rd preference - 01 August 2002, 01 August 2002, 22 June 2001, 01 July 2002, 01 August 2002 for the following areas; all other areas, China, India, Mexico, Philippines.
4th preference - current for all areas
5th preference - current

The Diversity immigrant visa lottery is broken down as follows for November 2009.
Africa 23,400 (Except for Egypt[12,300], Ethiopia[12,475], and Nigeria[12,900])
Asia 9,475
Europe 19,750
North America 4
Oceania 775
South America and the Caribbean 925

Children

Children of immigrants or children brought to the United States by immigrants fall into a special category, even if the child is brought to the United States illegally. The logic behind this is that it is unfair to expect a child to stay in the home country while the parents move! This makes perfect sense, you cannot expect a 2 year old to stay in Mexico, China, Zimbabwe or some other country while the parents leave for the United States; the law does not expect the child to leave the parents while in the United States either.

This logic is consistent with immigration laws efforts to keep families coherent (see family visas and numerous decisions of the courts and immigration services).

Currently, any child born in the United States becomes a U.S. Citizen. There is some talk and debate by groups to change this. They want to make citizenship based on one of the parents being a U.S. citizen - citizenship by blood. Historically, an individual is born a citizen by either blood or being born on U.S. soil. Therefore, a child born to two illegal immigrants in the U.S. is still considered a U.S. citizen even if the parents are not.

Now, if the parents come to the U.S. legally as a lawful permanent resident or become a U.S. Citizen the child can gain citizenship through derivative status. This only last while the child us under the age of 18. When the child turns 18 a different series of laws becomes applicable and the now adult child may have to apply for citizenship or lawful permanent residence status.

If the parents came to the U.S. illegally and brought the child over there is a whole host of other issues which are beyond the scope of this blog. In general there is limited options for a child or young adult who falls into this category.