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9-446: The NOID is used for situations where the adjudicator (the person evaluating the petition) believes that the petition should be denied, but that the petitioner may have additional evidence that might lead the petition to be approved. Its main use is to save the petitioner and the USCIS time and effort involved in dealing with denials (through re-petitioning or appeal). The NOID is sent to, and

18-551: A RFE may be issued are Form I-129 (alien worker authorization), Form I-140 (immigrant worker authorization), and Form I-130 (family visas). The RFE is intended for use in cases where the adjudicator (the person evaluating the petition) believes that there is not enough evidence to approve the petition, but also believes that the petition may be redeemable, and that there is no clear factual or statutory basis for denial. The RFE, when used, should be as clear as possible about what types of additional evidence are needed to fill in

27-472: A RFE must be sent is indicated on the RFE. It generally varies between 30 and 90 days. If no response is received within the time indicated on the RFE, the USCIS will process the application without considering the additional evidence, which in most cases means a denial (because petitions where there was enough evidence to accept should not have RFEs in the first place). The petitioner has only one chance to respond to

36-401: A RFE, When responding to a RFE, the petitioner may attach additional pieces of evidence over and above those explicitly requested in the RFE. The expected processing time for petitions is generally defined as the time till an approval, denial, RFE, or NOID is issued. Therefore, the time taken while waiting for a response from the petitioner is not counted as part of the processing time. After

45-517: Is denied. If the petitioner responds, the additional evidence is considered prior to a final decision. The following are some key differences between the Request For Evidence (RFE) and NOID: Another communication similar to NOID is the Notice of Intent to Revoke , used in cases where the USCIS has received additional evidence after approving a petition and is reconsidering it for revocation. This

54-633: Is often prompted by a consular officer returning the petition to the USCIS. Consular officers return petitions to the USCIS if, in the course of deciding a visa application by the beneficiary based on the petition, they come across reason to believe that the petition was based on fraud or misrepresentation. Request For Evidence A Request for Evidence ( RFE ) is a request issued by the United States Citizenship and Immigration Services to petitioners for residency, citizenship, family visas, and employment visas. Examples of petitions for which

63-406: The beneficiary. The following are some key differences between the RFE and the Notice of Intent to Deny (NOID): In cases where the USCIS simply needs answers to a few specific questions (such as a complete translation), it simply issues a Request for Clarification instead of a RFE. RFEs typically request one or more of the following types of evidence: The time within which the response to

72-402: The gap, and what inconsistencies or problems have been found in the evidence submitted so far. It is not intended for use for the adjudicator's reassurance in cases where there is enough evidence to approve the petition. It is sent to, and the response must be sent by, the petitioner (or the attorney representing the petitioner, in cases where the petition is filed through an attorney) rather than

81-452: The response must be sent by, the petitioner (or the attorney representing the petitioner, in cases where the petition is filed through an attorney) rather than the beneficiary. The NOID is accompanied by stated reasons for issuing the NOID (which, if not addressed, will be the reasons for denial) and a time within which the petitioner must respond. If the petitioner submits no response, the petition

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