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If your visa or adjustment of status isn’t immediately approved, you could get one of two documents.
One of those documents is a Request for Evidence (RFE) document, and one is a Notice of Intent to Deny (NOID).
These documents have similarities, but it’s important to understand their differences. USCIS tells you very different things when they issue either document, and both letters have different, yet equally strict, response deadlines.
Both could also mean the end of your immigration case if you fail to respond on time or if you fail to respond properly.
When USCIS sends an RFE, they are telling you that they think you have made an innocent mistake, that they think you have accidentally omitted a piece of evidence that they required, that they need certified English translations for some of your documents, or that the evidence you have submitted isn’t quite strong enough to help them make a decision.
Your RFE will list all the missing evidence. You will receive a new form, Form I-797E, which must be submitted along with a copy of the original RFE and all the new evidence you will submit.
You have ninety (90) days to submit your RFE packet to USCIS. If you do not send everything they ask for the second time around, if the evidence you send is still insufficient, or if you fail to respond, USCIS will simply close your case and deny your application.
A NOID is essentially a much stronger request for evidence. While a NOID is not a denial but a close next step.
NOIDs tell you that USCIS believes you either presented insufficient evidence or believe you have made a fraudulent claim on your application. Your response must be very strong to keep USCIS from processing the denial.
You have just thirty (30) days to respond to a NOID.
You have just one chance to respond to RFEs and NOIDs alike. Get it wrong, and you’re likely to miss out on your dream of becoming a lawful permanent resident in the United States of America.
While you may reapply in the future, the truth is your visa will be under far more scrutiny because you have already been denied once, and you will have to present evidence of significant changes in your circumstances since your last application. You may also be able to appeal the denial, but you’ll want your response to be as strong as possible in order for any potential appeal to be as strong as possible.
If you’ve received either letter and aren’t already working with an immigration lawyer, contact our office today. We can help you give USCIS exactly what it wants and needs to push your application through.
See also:
4 Good Reasons to Bring an Attorney to Your Green Card Interview
Can You Apply for a Green Card After an Overstay?
What is an Affidavit of Support?
On September 13, 2023, the United States District Court for the Southern District of Texas decided that the Deferred Action for Childhood Arrivals (DACA) Final Rule is unlawful.
The court expanded a July 16, 2021, injunction but ordered a partial stay of the order for all DACA recipients who received their initial DACA status before July 16, 2021.
Here’s what these decisions mean for you.
USCIS will continue accepting and processing renewal requests and accompanying Employment Authorization Requests (EADs).
You can renew your DACA status every two years. You will need to pay the $495 filing fee each time, but you can theoretically renew an infinite number of times.
Current Employment Authorization Documents remain valid until expired unless individually terminated.
You may also continue to pursue higher education if you have a valid DACA status, and you should retain access to your driver’s license.
You may also obtain advance parole if you wish to legally visit other countries, so long as you travel for employment, education, or humanitarian reasons, like attending a funeral service for a family member or visiting a sick or elderly relative. Just be careful, as advance parole doesn’t guarantee you’ll be able to get back into the country.
You are also eligible to apply for Social Security and Medicare.
You can send in a new DACA request, but USCIS is not processing them now and has not since July 16, 2021.
While there is a chance DACA may go to the Supreme Court, as of right now, it does not look like there is a pathway by which new requests might be processed.
If you need to apply for DACA renewal status soon, you should contact an immigration law firm like Hykel Law. If anything goes wrong with your renewal, getting you protected under DACA a second time might be difficult. If you never received DACA protection, we may be able to help in other ways.
In both cases, we can work with you to try to help you find another path to citizenship. Every case is unique, and there may be avenues you haven’t considered yet. Achieving a different path to citizenship will remove you from DACA limbo, so you do not have to wait for Congress or the Supreme Court to do the right thing.
If you’re tired of living in a state of anxiety, contact Hykel Law today.
See also:
Pennsylvania Remains Friendly to DACA Recipients
On August 1, 2023, the Department of Homeland Security issued new guidance to assist stateless noncitizens in the United States. If you are one such individual, you may now apply for immigration benefits.
If you know one such individual, you can help them by directing them to Hykel Law.
A stateless person has no formal or legal citizenship in any country. Statelessness can bar people from getting jobs, getting bank accounts, finding housing, getting married, obtaining an education, or even seeing a doctor.
People become stateless for a variety of reasons. The most significant cause is discrimination, such as the Rohingya group from Myanmar. Other causes include:
The new guidance doesn’t change any immigration laws. Instead, it:
USCIS says that some stateless people may be eligible for benefits, allowing you to prove statelessness instead of proving that you have the same documents USCIS would normally require from a citizen of another state.
This may create a pathway for stateless individuals to apply for any visa they might otherwise qualify for, enter the visa lottery, and eventually obtain a green card and a path to naturalization and citizenship. While the DHS did not issue a list of visas stateless people could apply for, the guidance itself would indicate a person could apply for the visa that best matches their circumstances while providing evidence of current statelessness. In other words, a stateless person may now apply for any visa for which they are otherwise eligible.
A proposed federal bill introduced in 2022, S. 5330, could eventually lead to additional protections for stateless individuals. Congress has found statelessness to be “an abhorrent violation of fundamental human rights and human dignity. A life of statelessness has been recognized by the Supreme Court as a form of punishment more primitive than torture.”
If you or someone you care about is struggling with statelessness, contact Hykel Law to review your options today. We will review your situation and discuss which visas might be your best pathway to a green card and eventual citizenship.
See also:
What is the Difference Between Asylum Status and Refugee Status?
What Are the Four Types of Immigration?
2024 Diversity Visa Information
Prepping for your marriage green card interview can be stressful. While it would be nice to think the normal course of married life could prepare you, the truth is that USCIS often asks questions that married couples don’t think about. It’s possible to make major mistakes at green card interviews.
While sometimes it’s okay to admit you don’t know the answer to a question, it’s better to prepare. Here are some common questions you can expect to receive.
USCIS may get very granular with some of these questions. For example, they might ask you what shampoo your spouse likes.
In addition to being ready to answer questions, you should be prepared to provide evidence, such as:
Remember, you can ask your immigration lawyer to attend your marriage interview with you. This often prevents immigration officials from asking questions that are so granular or out of the blue that most people couldn’t possibly answer them. It also ensures that you have someone you can trust who can help you understand exactly what is being asked, as sometimes USCIS officers opt to ask very complex questions that aren’t so routine.
See also:
4 Good Reasons to Bring an Attorney to Your Green Card Interview
5 Things Same-Sex Couples Should Know About Immigration
USCIS is a backlogged organization drowning in paperwork. Unsurprisingly, some immigrants get told that their paperwork has disappeared.
Sometimes, someone is just dragging their feet. Sometimes, the backlog is the problem.
It’s important not to panic if USCIS has lost your application.
First, let’s talk about how to prevent your application from being lost in the first place.
One of the best ways to prevent lost applications is to file online. Electronic applications are rarely lost, and you can see the status of your case in one place.
Of course, not everyone has access to the Internet and is comfortable using it. If you must use the mail, use these tips.
Remember, you’re launching a legal matter when you put in an immigration application. Respect that fact by being mindful of your evidence.
In most cases, it will be easiest to take your photographed application and reapply. Sometimes, you might want to meet with an immigration attorney before submitting a second application.
Some people find out USCIS has “lost” their application at the interview or get notice of a lost or delayed application just a few days before the interview is supposed to take place.
You should know that missing files are rare. Sometimes, immigration officers are just making excuses for delaying your interview. You may need to file a Mandamus lawsuit to move your case along. This lawsuit demands US government officials do their job and process your file.
Sometimes, something in your file has given USCIS pause, and they’re buying time to investigate whatever they saw.
Don’t panic; find an immigration attorney if you’re not already working with one. Your case is no longer routine, and you might need help to realize your dream of moving to the United States.
If you are struggling with your immigration application, don’t delay. Contact Hykel Law to get the help you deserve.
We’ll be happy to review your case.
See also:
4 Good Reasons to Bring an Attorney to Your Green Card Interview
Who Can Appeal an Immigration Decision?
3 Reasons USCIS Might Cancel Your Interview
Green cards last ten years at most, so eventually, you’ll have to renew yours.
To renew your green card, complete Form I-90, the Application to Replace a Permanent Resident Card.
Here’s what you need to know.
You’ll lack proof that you can live and work lawfully in the United States or legally re-enter the United States after traveling abroad. Having an expired green card might not be a major problem right away, but it can become a problem if you must obtain a new job, travel outside the country, or get an apartment.
It’s usually best to renew this document immediately so you don’t run into any trouble.
Processing can take six months, so plan on applying six months before your card is set to expire. If your card has expired, you should apply for a new one as soon as possible.
If you’re outside the United States, your circumstances are slightly different. If you are returning to the US within one year of leaving and before your card expires, you can apply when you return.
If your card expired while you were abroad and didn’t apply for renewal before leaving for the United States, you’ll need to contact the nearest US consulate and follow their instructions.
Usually, you only need to provide a copy of your current green card to prove you qualify for renewal.
You must use a different process if your card is lost, stolen, or damaged.
While green card renewal will be a routine process for most immigrants, there are cases in which USCIS chooses to deny green card renewal applications. Green card denials can happen when:
If you think some part of your current situation might prevent you from obtaining a green card renewal, it’s time to get help from an experienced immigration attorney.
We’ve helped hundreds of Philadelphia immigrants process green card renewals. If you’re confused about the form or could face a denial, contact Hykel Law to schedule a consultation today.
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Avoid These 3 Green Card Sponsorship Mistakes
Marriage & Fiance Visa Lawyer in Philadelphia
There are roughly 63,000 asylum applicants yearly and nearly 1.6 million asylum applications. The United States admits roughly 11,000 refugees annually and gives asylum to roughly 31,000.
Gaining residency under either status is not easy.
It’s important to know the difference between these two statuses to increase your chances.
You can be classified as a refugee if you have:
You cannot enter the United States until your application has been accepted and cleared for travel. This is one reason why many refugees find themselves stuck in camps for years.
The State Department prioritizes refugees in the following order:
The process of gaining admittance to the United States can take up to 24 months, and you must pass all the normal background checks, fingerprint verifications, medical screenings, and in-person interviews.
You are classified as an asylum seeker if:
While waiting for your asylum application to process, you are allowed to live in the United States and seek employment. Asylum may also be claimed as a defense against deportation. An asylum seeker also must pass the normal round of background checks, medical checks, biometrics, and interviews.
You may remain indefinitely until USCIS makes a decision about your case. However, your application may be terminated if USCIS finds that you no longer have a well-founded fear of persecution if you’ve obtained protection from another country, committed fraud or other crimes, or committed a criminal act.
While our practice sees more asylum-seekers than refugee seekers, we’re happy to help either class of immigrant, especially as minor mistakes can lead to denial.
If you’re trying to secure a green card because you’re afraid to return to your home country, contact Hykel Law today. We can help you gain your best chance of entering the United States successfully.
See also:
What is Parole Status in Immigration Law?
7 Documents You’ll Need for Your Asylum Case
What Are the Grounds for Cancellation of Removal?
In just one two-year period, one survey found as many as 3,000 known or suspected cases of forced marriage in the United States. Not all of these marriages had an immigration component; many happen to citizens of the United States.
Nevertheless, the State Department recognizes that forced marriages sometimes cross international lines and offers several immigration benefits to victims.
A forced marriage means a marriage with one or more elements of force, fraud, or coercion, and where one or both parties do not or cannot consent to the marriage. Consent means you give your free, full, and informed agreement to marry your intended spouse and to the timing of the marriage.
While forced marriage disproportionately impacts women and girls, it can happen to individuals of any gender. It can also happen to people of any race, ethnicity, religion, age, immigration status, or natural origin.
A forced marriage is not the same as an arranged marriage. In an arranged marriage, the party’s family may choose the partner, but both partners are free to say no.
Victims of forced marriage may be eligible for six forms of immigration relief, including:
These forms of immigration exist because the United States government understands that a young person who has been forced to marry someone in the United States may not be able to return home again after freeing herself from the situation. Often, these individuals are cut off from their communities and may face violence or danger if they return.
Victims who are in immediate danger may call 911 to receive immediate help.
Those who need confidential help may also call the National Domestic Violence Hotline at 1-800-799-7233 or the National Human Trafficking Hotline at 1-888-373-7888.
Many victims of forced marriage do not have the resources to hire an attorney, but an attorney can still help them with their cases. While it would be nice to think that USCIS immediately extends compassion to these victims, the truth is that a forced marriage case can grow every bit as complex as any other.
If you or someone you care about are trying to immigrate to the United States on a forced marriage visa, contact Hykel Law today.
See also:
7 Documents You’ll Need for Your Asylum Case
What is the Current Law on Claiming Asylum in the United States
What Are Your Options When You’re Undocumented?
The four types of immigration refer to four categories that people who come to the United States may fall into. Most people refer to these categories when discussing the four types of immigration.
Here are the categories and what each of them means.
Non-immigrants refer to people who are legally in the United States on short-term or temporary visas that allow them to take limited actions, such as taking a temporary job, visiting for tourism purposes, conducting business, or studying in the United States.
These visas offer no path to a green card and have strict start and end dates. Some may be extended on a case-by-case basis.
If your situation changes in a way that would make you eligible for a more permanent visa, you can sometimes adjust your status, but you must do so carefully and with the help of a qualified immigration attorney. Otherwise, you could be accused of misrepresenting the reasons why you applied for the visa in the first place.
Lawful permanent residency, or LPR visas, refer to visas allowing you to live and work in the United States indefinitely but not granting you citizenship rights. LPR visas are what people are referring to when they refer to green cards.
There are multiple ways to obtain a green card in the United States. The most common is through marriage-based immigration, family-based immigration, or employer sponsorship. All of these methods of immigration require help from a lawyer, as green card applications are by far the most scrutinized applications that USCIS receives.
Citizenship or naturalization allows you to gain all the rights of a United States Citizen, just as if you’d been born here. Usually, you must first obtain LPR status and citizenship status with a new application. Citizens must take a test verifying their language skills and knowledge of US history and government and take an oath of naturalization.
It’s quite possible to make mistakes on a citizenship application, even though the government has heavily scrutinized you during the LPR process. If you plan to naturalize, ensure you work closely with a qualified immigration attorney’s office like Hykel Law.
An undocumented immigrant is anyone in the United States without prior authorization. This category also refers to Dreamers, undocumented individuals brought to the United States as children and who have lived all their lives here but have no legal status in the United States.
Undocumented immigrants are all in a tough position and face the prospect of deportation at nearly any time. Nevertheless, they can make some legal moves to try to become lawful permanent residents. If you’re facing deportation, call Hykel Law immediately to get help today.
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We look forward to helping you with your immigration case. We have the experience, knowledge and staff to handle your matter swiftly. Reach out today to discuss your needs for representation.