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As if immigration law isn’t complicated enough, its statutes, policies, and procedures also change relatively often. This past July the U.S. Citizenship and Immigration Services (USCIS) issued a memorandum that will affect all future applications and petitions. The policy takes effect Sept. 11, 2018. If you are unable to complete your application or petition until after September 11, 2018, here is what you need to know.

What Are RFEs & NOIDs?

immigrationBoth RFEs and NOIDs refer to requests for documents that supplement submitted immigration applications and petitions. RFE stands for Request for Evidence, and NOID stands for Notice of Intent to Deny. A petitioner or applicant receives an RFE or NOID if their initial petition or application lacks adequate proof of eligibility or is missing supporting documents. Once the new policy is implemented, though, USCIS  will no longer request supplemental evidence from applicants or petitioners. 

How Will the New Policy Affect RFEs & NOIDs?

If you submit a petition or application after Sept. 11, 2018, you will not receive an RFE or NOID, should the application lack essential evidence. Instead of granting you the opportunity to supplement your request, Immigration Services will simply deny it. The old policy applies until the cutoff date, though, which means if you manage to get your application in before then, you will still get the chance to provide supporting documents, should the submitted evidence fail to establish eligibility. Petitioners who miss this deadline can avoid sending in an incomplete request and receiving a flat-out denial by turning to a seasoned attorney for guidance.

 

If you want to learn more about this memorandum—or any other policy that might affect you or your family—turn to American Immigration Attorneys Miami. Based in Florida, this firm helps clients both in the United States and abroad. Whether you want to pursue a Green Card, Citizenship, or non-immigrant status, you can rely on experienced immigration attorneys from this firm. Visit the firm online or call (786) 502-3235, to schedule an initial consultation. 

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