Approval after NOID: Taking Advantage of the Opportunity

Did you recently receive a NOID in the mail? Are you struggling to figure out exactly what to do next? No one ever wants to receive a NOID. However, always remember: a NOID is not a rejection. A NOID is not synonymous with a denial. Rather, a NOID is a chance to “turn your case around,” to get approval after NOID. We can help. Below are some facts about NOIDs as well as how we can help.

NOID: The Basics
 
A NOID comes as a letter from USCIS indicating their intent to deny. For the most part, it will include your immigration history, what you’re applying for, and, (most importantly to you at this moment), what evidence/documentation you must provide/what you must do to be approved.

If you have received a NOID, this indicates a likely path to denial. The moment you get a Notice of Intent to Deny (NOID) from USCIS, it indicates a potential denial of your application due to inadequate or lack of appropriate evidence. Remember: the “I” and “D” stand for “intent to deny.” If you receive a NOID, they do intend to deny your application as it stands right now.

The probability of you successfully convincing them without qualified legal assistance and overcoming the Notice of Intent to Deny may be against you, but it’s not impossible. This is a time-sensitive matter as the window to respond adequately is typically about thirty days. We can help you.

What to Keep In Mind About a NOID
 
Think of a NOID as an indication that you haven’t done enough, that your case isn’t compelling enough right now to get you the benefit that you want. All a NOID is saying is that if an appropriate response is not provided or if the supporting evidence doesn’t suffice, the USCIS reserves the right to deny the application.
 
Thus, when navigating the complexities of USCIS procedures and dealing with a NOID, having professional legal assistance significantly increases your chances of a favorable outcome.

Being issued a NOID isn’t equivalent to losing your case. It’s a wake-up call. All it is is the USCIS telling you that your case is facing some serious issues and needs immediate, thorough intervention. It means you’ve come under the scanner, and the USCIS is scrutinizing your case closely.

What you should take from a NOID is a sense of urgency. The NOID will tell you which issues must be addressed swiftly and effectively. At Rijal Law Firm, our team of legal professionals can guide you through the process every step of the way.

How We Can Help With Your NOID Response
 
At the Rijal Law Firm, we act promptly to satisfactorily address all USCIS concerns. Our responses are detailed, supported by additional evidence, and designed to leave no room for doubt.
First, we rapidly review your NOID to identify the best course of action. Then, we draw upon our extensive legal know-how to draft a thorough response strategy. Our aim is to reinforce your case and heighten your approval chances.
 
We understand that no two NOIDs are the same. Indeed, every NOID is unique, and so is our approach. Our advice and action plan are tailored to the specifics of your situation. This plan can include a wide range of actions, including accumulating extensive, conclusive evidence to address the USCIS’s apprehensions.

Approval After NOID: It Is Possible With the Right Help
 
When faced with a NOID (Notice of Intent to Deny), your immediate reaction may be panic or fear. However, with the right legal assistance, it is not the end of the road. Contact an immigration attorney promptly as time is of the essence. The clock starts ticking as you typically have a 30-day window to respond, miss it and the case could likely be shut.

At the Rijal Law Firm, we pride ourselves on having a track record of overturning NOIDs. Success in such cases is challenging, and the reversal rate might not be the majority. It might be achievable in about a quarter to a third of cases, depending on the nature of the issues raised.

The path to resisting a NOID isn’t always smooth. If it raises legal issues that are straightforward, it’s relatively easier to navigate. When the matter is more subjective, and USCIS has a fair amount of discretion, these NOIDs can be trickier to combat.
 
Here at the Rijal Law Firm, we strive to protect your rights and ensure your case is presented in the best light possible to increase your chances of a favorable outcome.

RFE Response Lawyer Responds to Your Questions

Did you recently receive an RFE and want to speak to an experienced RFE response lawyer? Do you want to do everything in your power to keep from getting an RFE in the first place? We can help with both and so much more. Here at the Rijal Law Firm, we’ve helped many to successfully and strategically respond to an RFE, yes. But, we also can provide counsel to help you to put together your best immigration application so as to minimize the chance that you get an RFE.
 
Receiving an RFE doesn’t imply application rejection but indicates that USCIS requires more information in order to reach a decision. You must submit your response by the designated time on the RFE notice. In case you fail to do so, USCIS could assume that you have abandoned your application or decide your case without the additional information.

Preventing an RFE
 
Yes, adhering to USCIS’s application instructions and furnishing all requested documents can prevent an RFE. That said, there are times when you can do everything “right” and still receive an RFE. Indeed, we have so many clients who came to us because they got an RFE after doing everything they were supposed to.

With the stipulation that you may receive one despite your best efforts, it’s always worth it to do everything you can to provide all of the required evidence.
 
Each immigration form that you file with USCIS comes with detailed instructions on its preparation. You must ensure that all required documents are included when you submit your application to prevent an RFE.
 
If your evidence documents are in a language other than English, you must also provide a certified English translation to avoid an RFE. All documents must be translated into English by a person other than yourself or your sponsor. It’s preferable to have translations undertaken by an office that specializes in legal translations, to ensure no legal meaning is lost.

There are any number of reasons that you may receive an RFE. For example, many have a sponsor pledging financial support on their behalf. In that circumstance, the USCIS may necessitate applicants demonstrating that their sponsor commands a household income surpassing 125% of the federal poverty level.

Should your sponsor’s income not meet these standards, or if your submission fails to adequately express their financial capacity, it’s possible you’ll get an RFE just for that.
 
If you get an RFE for any reason, we’re here to help.

What an RFE Looks Like (if You Do Get One)
 
The RFE will traditionally start with quoting U.S. immigration law. This reference pertains to a section of the Immigration and Nationality Act (INA) associated with the prerequisites of the immigration application you’ve filed. In general, if you don’t plan to argue the request with legal assistance, this section isn’t of utmost importance.

The Next Section
 
“Evidence Submitted” is typically what this section is referred to. It will lay out what you have provided in support of your application. It’s crucial to cross-verify the evidence that USCIS has recognized from you to ensure that it includes all that was sent with your original application. If the list mentions that something you submitted is missing, you are advised to resubmit it in your RFE response packet.

What You Need to Provide
 
That’s what the following section covers. After putting out all of the evidence the USCIS has received from you, it will then mention what’s missing. That’s what prevents the agency from reaching a decision as per the requirements of the quoted immigration law.
 
This section is often lengthy and may include information such as unfulfilled eligibility requirements and alternate documents you can submit if you lack the original ones. At the risk of understatement, it is crucial to review this part thoroughly and note all necessary information to include in your RFE response.

Your Deadline
 
The RFE concludes with a deadline for your response, which will include the mailing address for submission. This deadline gives you an understanding of the time you have to prepare your response and mail it. Importantly, your response must reach USCIS by the deadline, and not merely be postmarked by it.

The RFE will also inform you about the consequences of failing to meet this deadline. Often, this means your application could be reviewed without the missing information, potentially resulting in denial of your application.

An RFE Response Lawyer to Help You Craft Your Best Response
 
Nothing that has been written in this blog is meant to scare you. It’s just to make you better informed, so that you can respond to an RFE (or a NOID) that much better. If you have received either of those, we can help. Contact us through our site or by calling for a free case evaluation.

U Visa Bona Fide Determination: Helping You Determine the Best Route

Have you been wondering whether you may be eligible for U Visa bona fide determination? Rijal Law Firm does everything in our power to make this process as simple and straightforward as possible. We treat everyone who contacts us with the compassion and discretion they deserve.
We at Rijal Law Firm strongly advise seeking professional legal guidance to smoothly traverse the labyrinth that is U Visa application. A seasoned immigration attorney can prove invaluable, providing critical instructions on the necessary paperwork, aiding with witness statements, and more.

Why Seek a U Visa: Some of the Benefits
With three years of holding a U Visa, qualified applicants can set their sights on a Green Card, the gateway to permanent residency in the U.S. Permanent residents enjoy the privilege of living and working in the U.S. indefinitely and sponsoring certain family members for permanent residency.

Once the Green card has been held for five years (or three years if the individual is married to a U.S. citizen), they can proceed to apply for U.S. citizenship. This requires filing Form N-400, Application for Naturalization, and fulfilling the demands for naturalization, including having a good moral character, demonstrating English language capability, and a sound understanding of U.S. history and government. This all may feel a long way off from where you are right now, but we can help you through the process every step of the way.

U Visa for Indirect Victims of a Crime
An often posed question revolves around the eligibility of indirect victims of qualifying crimes for a U Visa. “‘Indirect victims” refer to those significantly impacted by a crime due to the victimization of a close family member. In such instances, the direct victim becomes the visa applicant, and the indirect victim is considered a sort of co-beneficiary.

Making the Best Case on Your Behalf
Despite fulfilling all qualifying conditions for a U visa, the USCIS has grounds to exercise discretionary power and reject the application. Such undesirable information can range from past criminal involvement, immigration infractions, or other unfavorable factors.

Further examinations may include a sweep through the person’s criminal records, immigration history, and other related data. The unveiling of any red flag during these evaluations can have an unfavorable impact on the assessment result.

U Visa Eligible Crimes
A U visa aspirant must have been a victim of an eligible crime. Furthermore, you must exhibit significant physical or mental suffering resulting from the crime.

Being a recipient of a U visa also inherently implies commitment to collaborating with the law enforcement authorities in the probe or legal proceedings linked to the crime.

We have worked with so many who have gone through the process that you are right now. We can put that experience to work with you and your case.

U Visa Bona Fide Determination and Beyond
The U Nonimmigrant Visa comes with a validity period of four years. Special occasions like delays in consular processing, requests stemming from the Department of Homeland Security. Maintaining your immigration status requires staying aware of your U Visa’s expiration date and potential renewal methods.

Rijal Law Firm stand with those who have been harmed by the crimes of others and want to make a better life for themselves and their families. To see how we can help, schedule a free case evaluation with us through our site or call.