Articles Posted in NOID

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Welcome back to our blog! In this video, we are excited to cover new updates from the U.S. Citizenship and Immigration Services (USCIS) with respect to missing and/or delayed Requests for Evidence also known as “RFEs.”

Did You Know? Where an application or petition is deficient, the United States Citizenship and Immigration Services (USCIS) may issue a Request for Evidence asking for additional information or documentation to be provided before the adjudicating officer can make a final decision for your case. Requests for Evidence are sent to the applicant’s mailing address and specifically identify the information or documentation needed, as well as the deadline for responding to the Request for Evidence.

Want to know more? Just keep on watching.

Overview

More and more individuals have been reporting their case status change to “Request for Evidence” issued but have not received the request in the mail. In this post, we talk about what you should do in this situation and the latest recommendations from USCIS.

Since the COVID-19 pandemic began, we have seen many operational delays at the USCIS level. From interview scheduling delays to the slow issuance of receipt notices, the agency has been struggling to keep up with its workload. In the last year alone, the biggest obstacle has been the slow issuance of Requests for Evidence especially for cases pending at the Texas Service Center (TSC) and the Vermont Service Center (VSC). The agency has said that eventually all Requests for Evidence will be sent by mail. The issue has been that the agency has been experiencing severe mailroom backlogs leading to such delays.

So, what should you do if you have not yet received your Request for Evidence in the mail?

USCIS has acknowledged these delays and has advised applicants to contact USCIS to speak to a customer service representative about the issue by calling 800-375-5283 (TTY 800-767-1833) Monday to Friday 8 am to 8 pm Eastern Standard Time. Applicants should continue to inquire until they have received their Request for Evidence by mail.

Once your Request for Evidence has arrived, if the stated deadline is not sufficient time to respond to the Request, you may still respond to the RFE, and include evidence proving that you received the Request for Evidence very late. This is very easy to prove because your envelope will include a stamp showing the date the Request for Evidence was mailed to you.

Applicants should also note that USCIS has extended its flexibility policy and will accept a response to a Request for Evidence received within 60 calendar days after the due date, so long as the RFE was issued between March 1, 2020, and October 23, 2022. This policy will also apply to late and missing RFEs that are re-issued by USCIS.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick hosts a live immigration broadcast on our YouTube channel, discussing brand new developments in the world of immigration, including new updates recently discussed at the American Immigration Lawyers Association (AILA) conference that took place last week, and brand new policy changes at the United States Citizenship and Immigration Services (USCIS).

Keep on watching to find out more.

Overview

Updates from the AILA Conference

Today, the United States Citizenship and Immigration Services (USCIS) announced that effective today, applicants with pending U visa applications, or those who are getting ready to file new U visa applications, are eligible to apply for employment authorization by filing Form I-765 Application for Employment Authorization and can receive “deferred action” status meaning that they will not be prioritized for removal from the United States.

For those who are not familiar with the U visa program, the U visa is a special immigrant status given to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Among those eligible are certain victims of abduction, domestic violence, sexual assault, trafficking of noncitizens, rape, prostitution, and other crimes, who are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The U visa eventually allows the victim to attain lawful permanent residence in the United States (also known as the green card).

Previously U visa beneficiaries were not entitled to employment authorization, making their lives extremely difficult considering that it is currently taking over 5 years to process the U visa application.

With this new policy change, those who have filed a U visa application that has been pending with USCIS, will be eligible to apply for employment authorization as of today, as well as new applicants.

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In this video attorney Jacob Sapochnick discusses how to respond to a Notice of Intent to Deny (NOID) after a marriage fraud interview also known as the STOKES interview.

Overview:

As part of the I-130/485 application process to obtain a green card based on marriage, the couple must attend an in-person interview before USCIS to prove that they have a bona fide marriage.

During this interview the immigration officer must determine whether the marriage is in fact legitimate or whether the foreign national entered the marriage solely to obtain an immigration benefit.

If all goes well, the couple is approved following the initial interview.

If the immigration officer suspects fraud or is not convinced that the marriage is legitimate, the couple will be scheduled for a second interview or “STOKES” interview.

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In this live stream, attorneys Jacob Sapochnick and Marie Puertollano discuss recent topics in immigration including the new USCIS policy giving immigration officers ample discretion to deny an application or petition filed with USCIS without first issuing a RFE or NOID, suspension of premium processing, fraudulent H-1B schemes, and more.

Overview:

RFE/NOID Policy

Beginning September 11, if you do not provide sufficient evidence to establish that you are eligible for the immigration benefit you are requesting, USCIS may exercise their discretion and deny your petition without first issuing a request for evidence or RFE. This new policy applies to all applications and petitions filed after September 11th, with the exception of DACA renewal applications.  The decision to deny your application or petition without issuing a RFE or NOID will ultimately be up to the discretion of the officer reviewing your petition. An officer may in his discretion continue to issue a RFE or NOID according to his best judgement.

If you are filing for a change of status or extension of your status, we recommend that you file early, so that you are not out of status in the case that USCIS denies your request for an immigration benefit. This will give you the opportunity to either re-file or to consider changing your status to another visa type. In addition, if you have the ability to apply for premium processing service, you should take advantage of that service.

Suspension of Premium Processing

At the moment premium processing services have been temporary suspended for cap-subject petitions until February 19, 2019, with the exception of cap-exempt petitions filed exclusively at the California Service Center, because the employer is cap-exempt or because the beneficiary will be employed at a qualifying cap exempt institution.

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In this post, attorney Jacob Sapochnick discusses the top reasons applications are denied at their citizenship interview.

Requirements to apply for citizenship:

In order to become a United States Citizen, you must meet the following general requirements at the time of filing your N-400 Application for Naturalization:

You must be:

  • A lawful permanent resident
  • At least 18 years of age
  • Maintained continuous residence in the United States since becoming a permanent resident
  • Be physically present in the United States
  • Have certain time living within the jurisdiction of a USCIS office
  • Be a person of Good Moral Character
  • Have Knowledge of English and U.S. Civics with some exceptions outlined below
  • Declare loyalty to the U.S. Constitution

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In this episode, Attorney Jacob J. Sapochnick discusses the top 7 reasons why citizenship applications are denied. We outline the top 7 reasons below.

Overview: 

There are several reasons why an N-400 application can be denied. The most common reason an application may be denied is because the applicant failed to meet the minimum requirements of the N-400 application for naturalization. Other reasons may include that the applicant has a bad moral character, an excessive number of absences from the country, a combination of both of these factors, an issue with taxes, child support, etc. It is important to be aware that officers at an immigration interview have a broad range of discretion in deciding whether to approve or deny your application. Always be prepared for potential issues that may arise during your interview.

Top 7 reasons why citizenship applications are denied:

  • Selective Service: Males between ages 18 and 26 are required to register for the Selective Service. Failure to do so, or to not have a valid reason for not registering for Selective Service may result in a denial
  • Fraudulently obtaining a green card: Immigration officials scrutinize an individual’s citizenship application very closely. This means that more often than not immigration officials take a careful and detailed look into the applicant’s immigration history including how they obtained their permanent residence and potential red flags in the applicant’s file
  • Serious Crimes: Committing certain crimes (especially crimes of moral turpitude) can make an individual ineligible for citizenship
  • Lying: An individual caught lying to an immigration officer will likely be sanctioned by the immigration officer in the form of an immigration violation or worse
  • Taxes: Individuals owing back taxes are not considered persons of good moral character because they have not abided with the law in paying their taxes. If you owe back taxes your application will likely be denied
  • Child Support: Similar to the above
  • English: In order to be eligible for citizenship, the applicant must satisfy the language requirement. Applicants must be able to read, write, speak, and understand the English language, although exemptions exist for certain applicants.

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In this video, attorney Jacob J. Sapochnick discusses the adjustment of status interview for permanent residence. What happens when a denial is issued? To hear the answer to this question just keep on watching.

Overview: 

As part of the application process for permanent residence based on marriage, you and your spouse are required to attend an in person interview before your green card may be issued. In this video we focus on the marriage visa interview. So what happens when things go wrong?

Typically couples prepare for the green card interview by bringing all of the necessary documents to verify to the immigration officer that they have a bona fide marriage (such documents may include photographs of the couple together and with friends and family, evidence of joint accounts, evidence of commingling of finances, evidence of cohabitation, and joint responsibility of assets and liabilities). In some cases, however the immigration officer may not be convinced by a couple’s particular situation. The immigration officer sometimes finds issue with something the client said, or there may be some inconsistencies that capture the attention of the immigration officer, etc. In these cases, at the conclusion of the interview the immigration officer will notify the couple that they will not able to make an immediate decision. They will send the couple home and tell them to wait for a decision in the mail. If the couple does not receive an approval notice in the mail within 30 days, what will likely happen is that USCIS will send a notice of intent to deny (NOID). In most cases this notice is issued within 30 days of the green card interview.

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