Reddy & Neumann, P.C.’s litigation services help companies and individuals push back against unlawful denials of immigration benefits, unlawful delays of immigration benefits, Notice of Intent to Revoke, Notice of Intent to Deny, and Request for Evidence.
Unlawful Denials and Delays
In recent years, USCIS has increased the number of unjust and unlawful denials while at the same time increasing the adjudication time for applications and petitions. This has led to historically long processing times, higher denial rates, and a regulatory process that does not follow the proper legal standard or a set standard of adjudication. These issues have shifted the battlefield for business immigration, and the fight is no longer at the USCIS service centers but in the federal courthouses. Filing a Federal Court lawsuit against USCIS is one of the most effective ways to fight back against long processing times and arbitrary and capricious denials.
Just some of the cases our litigation team has handled previously include:
- Delays in Visa Applications at Consulates under 221(g)
- Delays in I-485 Adjustment of Status applications
- Delays in Interim Benefits (EAD and AP associated with a pending I-485 Adjustment of Status application)
- Delays of H-4 and H-4 EAD
- Delays of L-2 and L-2 EAD
- Delays of an I-290B
- Denials of H-1Bs for specialty occupation, beneficiary qualifications, and employer-employee relationship
- Denials due to abandonment when USCIS did not properly mail an RFE
- Denials of changes of status
Notice of Intent to Revoke (NOIR)
The United States Citizenship and Immigration Services (USCIS) can notify a person or organization that their immigration status, benefit, or authorization is being reviewed and could be revoked or terminated by issuing a Notice of Intent to Revoke (NOIR). The NOIR explains the justification for the proposed revocation and gives the recipient a chance to comment and provide supporting documentation to preserve their status or benefit. This notice is typically given when USCIS learns details that may indicate the person or organization is no longer qualified for the immigration benefit they were previously granted.
Notice of Intent to Deny (NOID)
USCIS can notify a person or organization that their immigration application or petition is being reviewed and might be rejected by issuing a Notice of Intent to Deny (NOID). The NOID outlines the justifications for the proposed denial and gives the recipient a chance to comment and offer additional supporting documentation or clarification. This notice is typically given when USCIS finds that a person or group may not meet the eligibility standards or when an error or discrepancy in the application has been found. Before making a final decision on the application, the receiver has a set amount of time, often 33 days, to react to the NOID.
Request for Evidence (RFE)
A Request for Evidence (RFE) is a letter that the United States Citizenship and Immigration Services (USCIS) sends to a person or group who has submitted an immigration petition or application in order to ask for more information or evidence. The RFE is typically sent out when USCIS wants further data to assess an applicant’s or petitioner’s qualifications. The RFE specifies the particular data or documents that USCIS is looking for and gives a due date for responses. The immigration application or petition may be rejected if a response to an RFE is not provided within the deadline. To prevent delays in the processing of the immigration application or petition, it is crucial to carefully read an RFE and provide all the information needed in your response.
Our litigation team is ready to assist you to resolve your case that is stuck in the long processing times, has been denied by USCIS for an arbitrary and capricious reason, or has been issued an uncalled for NOID, NOIR, or RFE. We are able to leverage our firm’s over 20 years of immigration experience to combat USCIS delays and arbitrary decisions in federal court.
If you are in need of a US work visa or permanent residency, speak with one of our immigration lawyers. Please contact us online, call our Houston business immigration attorney office directly at 713-953-7787, or schedule a consultation.