Immigration Litigation
Common Negative Responses from USCIS
RFE (“Request for Additional Evidence”)
Sometimes USCIS is not satisfied with, or needs clarification on certain aspects of a case you have filed. When that happens, USCIS issues a Request for Additional Evidence, commonly referred to as an “RFE.” When USCIS issues an RFE, they stop processing your case until they receive a satisfactory answer to their request. That is why it is important for you to respond quickly and accurately.
At Powers Law Group, P.C. we can help you avoid costly delays by quickly and efficiently providing USCIS with additional relevant and suitable information.
NOIR (“Notice of Intent to Revoke”)
In some occasions, such as the death of the beneficiary or the petitioner, or when the foreign national fails to timely file an application for an immigrant visa petition, the approved petition or self-petition is automatically revoked as of the date of approval. In other instances, such as when USCIS suspects of fraud or wrongdoing, the approval of an immigrant visa petition may be revoked upon notice (“revocation on notice”) by issuing a Notice of Intent to Revoke (NOIR) to the petitioner.
NOID (“Notice of Intent to Deny”)
Certain requirements must be met before USCIS may consider an application or petition for possible approval. If an application or petition lacks the required initial evidence, USCIS may deny the incomplete application or petition, and they issue a Notice of Intent to Deny with a strict deadline to respond.
Denials
If your application has been denied by USCIS, you may file an appeal on some unfavorable decisions to the USCIS Administrative Appeals Office (AAO), or with the Board of Immigration Appeals (BIA), an office within the Department of Justice. With certain exceptions, you may file a motion to reopen or motion to reconsider if you received an unfavorable decision in your case. You may file a motion with USCIS even if you do not have any appeal rights. You may also file a motion regarding a decision made on an appeal. At the Law Office of Ruby L. Powers we have been successful in not only getting cases reopened after an appeal, but also ultimately approved. We have also been successful in convincing USCIS to reopen cases Sua Sponte, which means “of their own accord or “on one’s will or volition” after discovering and presenting to USCIS very compelling facts of which they were not initially aware.
Writs of Mandamus
In some occasions, USCIS fails to abide by their established guidelines and timelines and your case languishes for months with no apparent progress. When all administrative remedies have been exhausted and you still cannot get the government to make a decision in your case, there is ultimately only one action that an aggrieved party can take to force the agency to act – filing a lawsuit. This type of lawsuit is commonly known as a “writ of mandamus.” A writ of mandamus is a form of civil action designed to compel a government actor to perform a duty owed to the plaintiff. It is important to note that mandamus is not used to force the USCIS to reach a favorable result, but only to take action that it is legally obligated to take. It can result in a denial of the application.
At Powers Law Group, P.C., we can help you determine whether your case could benefit from filing a mandamus, and further advise you on the proper procedure to do so.
Call Powers Law Group, P.C. at(713) 589-2085 or write [email protected] for assistance today.
For more information, contact our immigration lawyers and asylum attorneys.
