Work With You Attorney to Overcome RFEs and NOIDs

Published on 09/16/2015

Hello, my name is Vaughan de Kirby and I thought I’d answer a question that I hear sometimes about applications for EB-5 and that’s’ the meaning of a Request for Evidence or a Notice of Intent to Deny. The request for evidence means exactly what it says: it is a request for additional evidence. USCIS has evaluated the application, the I-526, and for whatever reason they think there is additional evidence is necessary.

Now, RFEs come generally in two different forms. One is the request for evidence based on the source of funds. USCIS is asking for additional evidence to demonstrate the lawful source of funds. The other request for evidence you see is one based on the Regional Center. For whatever reason, USCIS believes they need additional evidence on the regional center, on some aspect of the regional center.

Number one: don’t ‘be concerned. A request for evidence is really part of the process and it doesn’t mean there is a problem with your case. It only means exactly what it says, and that’s that additional evidence is required.

Another thing that you will hear about is a Notice of Intent to Deny. This again is exactly what it says. USCIS is saying that because of some critical factor in your application, they intend to deny; they are giving you notice of their intent to deny. This is a more serious matter; however, you need to know that in recent months USCIS has used notice of intent to deny the way they have used requests for evidence in the past. You will be given time to answer a notice of intent to deny and if you are able to cure whatever the defect it might be, you are able to get your approval.

So don’t panic if you have a Request for Evidence or a notice of Intent to Deny in your case. Just work very closely with your investment immigration attorney to make sure you provide him or her with the necessary documents they request to cure whatever missing evidence there might be. Good luck on your application. I hope this information was helpful. 

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney

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