RFEs and Appeals

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RFEs and Appeals

In today’s environment, we are seeing increasing numbers of government challenges to petition and application filings. Only a successful rebuttal to the specific challenge will result in an approved application or petition. Ritter Halliday LLP has extensive experience responding to these difficult obstacles.

Responding to government challenges, evidentiary requests and notices

All immigration-related applications and petitions filed with the U.S. government are subject to approval, challenge or denial as part of the administrative adjudication process. If they are legally insufficient or lack proper evidence, one or more of the following notices are issued:

  • Request for Evidence (RFE) relating to most matters filed with the U.S. Citizenship and Immigration Service
  • Notice of Intent to Deny (NOID) application for naturalization or certain immigrant petitions
  • Notice of Decision or Denial due to legal or evidentiary insufficiency in the record

RFEs, NOIDs, and Notices of Denial sometimes arise due to an evidentiary or legal problem, and occasionally a misunderstanding of the subject matter of the case by an immigration officer. Sometimes, they stem from incorrect advice given by unauthorized immigration practitioners (e.g., “notarios,” immigration “consultants,” travel agencies, “translation services,” etc.).

When an immigration petition or application is denied, there is usually an opportunity to appeal the unfavorable decision. If not, there may be other remedies available to reopen the matter and seek reconsideration based on legal arguments.

Required response must be timely

In each of these government challenges, you are required to respond within a specified time frame to avoid negative legal consequences. Requests for enlargement or extensions of response time limits, which may be typical in other areas of law, are generally not permitted in administrative immigration matters.

No matter the source of the difficulty, Ritter Halliday LLP is ready to assume representation in the event of an RFE, NOID, or denial. We can analyze the case, recommend effective remedies and vigorously pursue prescribed courses of action, including appeals.

Put an experienced immigration appeals attorney on your side

Immigration denials and other negative outcomes are not necessarily the last word, but the longer you wait to challenge the decision, the shorter the time window becomes to prepare and timely file a strong response. Contact us today to speak with a qualified immigration appeals attorney who will fight the government on your behalf.