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!
Friday, January 29, 2010
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