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Request for Evidence and Notice of Intent to Deny 

M Mathew Law Firm, PLLC  Aug. 30, 2023

People from across the world immigrate to the United States for countless reasons, whether it’s for economic opportunities, to reunite with family members, or because they married a U.S. citizen. Whatever your reason, you have to go through the proper channels, which can take years to complete. 

There are times in this process when you may encounter obstacles, two of which include receiving a Notice of Intent to Deny (NOID) or Request for Evidence (RFE). It’s crucial to address both in a timely manner, and an experienced immigration attorney can help you do this. Call me at M Mathew Law Firm, PLLC for help in and around Dallas, Texas, including Richardson, Lewisville, Irving, Farmers Branch, Grand Prairie, Garland, and Mesquite. 

Notice of Intent to Deny (NOID)

One response you may get from the United States Citizenship and Immigration Services (USCIS) when applying for a green card or visa is a Notice of Intent to Deny (NOID). This is not a denial of your application, but it will require you to respond quickly and thoroughly. In these situations, the USCIS has received the appropriate evidence for your application, but for some reason, it is called into question or not acceptable. 

Essentially, a NOID gives you a chance to reply to this and correct the issue before you are denied. In your NOID, it will list the reason the USCIS is not approving your application. For example, if you’re applying for a green card based on your marriage to a U.S. citizen, the USCIS may believe that your marriage is not in good faith. You typically have 30 days to respond to these. 

Request for Evidence (RFE)

You may also receive a Request for Evidence (RFE) after applying to change your immigration status. Unlike a NOID, an RFE doesn’t mean the USCIS plans to deny your application; rather, you were missing one or more pieces of evidence that will need to be supplied. Your RFE will list the evidence that you need to provide (for example, a copy of bank statements or a birth certificate). 

Burden of Proof and Standard of Proof

In any immigration application, the burden of proof lies with the applicant, not the USCIS. This means it is your responsibility to send in enough evidence to fulfill the requirements for your application. Therefore, if you receive an RFE or NOID, it is up to you to figure out what to send in or how to address the issue. The USCIS will tell you what is missing or why they don’t plan to approve your application, but they will not help you find supporting evidence. 

That said, the standard of proof used for most immigration issues is the “preponderance of the evidence standard.” This means that if you provide enough evidence to show your application is “more than likely true,” it will be accepted, even if there is some doubt. 

Responding to NOID or RFE

NOIDs and RFEs can often be lengthy documents that are vague and filled with legal jargon referencing U.S. immigration law. Because of this, many people find it helpful to work with a lawyer to ensure they give the USCIS exactly what they need the first time. You only have one chance to respond to these requests, and it’s always better to provide more evidence than not enough. You will also need to ensure that you send your response before the deadline passes or the USCIS may proceed with a denial.  

Let My Experience Guide You

If you’re in the Dallas, Texas, region and want to speak with an attorney about a NOID or RFE you recently received, contact me at M Mathew Law Firm, PLLC