Failure to respond by the given deadline will likely result in denial.Ĭan a petitioner send multiple responses to an RFE? Once an RFE is issued, all work on a case is halted-so a prompt response is important. The deadline for response will be indicated in the RFE and is typically between 30 and 90 days. Upon receiving an RFE, a petitioner has a limited time to respond. How long does a petitioner have to respond to an RFE? Unlike an NOID, however, which is issued when the evidence is generally sufficient for a negative determination, an RFE is issued when a petition lacks sufficient information for a determination at all-or when some details of the petition are inconsistent with other details or are otherwise unclear. A petition that would otherwise be successful can be derailed if an RFE is not adequately dealt with. While perhaps not as serious as an NOID, an RFE should be handled with care because a petitioner’s response will likely determine the outcome of the case. Upon receiving an NOID, a petitioner should act immediately to try to salvage his or her case. When a petition includes enough initial evidence for a negative determination, however, USCIS may instead issue a Notice of Intent to Deny (NOID).Īn NOID is similar to an RFE in that it gives the petitioner a chance to provide evidence to convince USCIS to approve the petition, but an NOID is much more urgent since it indicates a case is at a high risk of being denied. If an application clearly does not meet the requirements of the EB-5 Program, USCIS may, at its discretion, deny it outright by issuing a Notice of Action denying the petition. Note that an RFE is not a denial, nor does it necessarily indicate the petition will be denied. This tool allows USCIS to fill in any missing documentation, clarify any confusion, and correct any discrepancies. You should also consider retaining experienced immigration counsel to help you submit a response to an RFE.Īn RFE is a form of communication between USCIS and a petitioner through which USCIS asks the petitioner for additional information necessary for the adjudication of a petition. The first step to dealing with an RFE is understanding what an RFE is, what it is not, and some other important information. In such cases, USCIS issues a Request for Evidence (RFE). During the adjudication process, United States Citizenship and Immigration Services (USCIS) may determine it needs more information or some form of clarification in order to proceed with a petition.
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