Kevin Keane

Immigration Information you can use

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RFE and NID
Requests for Evidence and Notice of Intent to Deny are two common situations encountered in the processing of applications before USCIS.

How much time do I have to respond to an RFE?

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Usually 90 days. The RFE should tell you how long you have.
 

Is it important to avoid an RFE, and how can I avoid it?

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Usually, carefully preparing your case with the assistance of a lawyer can go a long way. The key is to present all information that an adjudicator may need in an easy-to-digest format.

This is important because, first, an RFE means a delay in your case, and second, it draws attention to your case. Even when your case is actually perfectly within the law, drawing attention to your case may mean added scrutiny, additional questions, and additional nit-picking about minute details that should not affect your case but sometimes do.

However, there are some RFEs that you cannot avoid. In particular, USCIS often sends an RFE shortly before approving an I-485 to verify that you are still employed with the same employer.

 

Does an RFE mean that USCIS is about to deny my case?

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Normally not, but it can indicate that they aren't sure about the case.

If they already pretty much decided, they will send you an NID (Notice of Intent to Deny) instead of an RFE. This is basically a last-chance opportunity to fix your case and convince them that they should not deny it.

 

What is an RFE?

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RFE stands for Request For Evidence. USCIS uses RFEs to request more information if something is not clear in a case that you have filed, if there is a document missing or they need updated information. Please be aware that USCIS uses the same form, I-797, for an RFE as they do for a final approval or denial of a case.
 



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