NOID vs. RFE: Key Differences and Why Your Case Might Escalate

If you’ve filed an immigration petition or application with United States Citizenship and Immigration Services (USCIS), you may receive a request for more information. These requests typically come in the form of a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). While both documents ask for clarification or additional support, they represent very different levels of concern from USCIS.

At Sharma Law Associates, LLC, our New York immigration attorneys help clients understand the difference between an RFE and a NOID, and why a case might escalate from one to the other. Knowing how to respond appropriately can make the difference between approval and denial.

What Is a Request for Evidence (RFE)?

An RFE is a common notice sent by USCIS when your application is missing information or needs further documentation. It does not mean your case is at risk of denial. It simply means USCIS does not have enough evidence to make a decision yet.

Common reasons for RFEs include:

· Missing tax documents for an Affidavit of Support.

· Incomplete medical exam forms.

· Inconsistent answers between forms and supporting evidence.

· Lack of proof for a bona fide relationship in a family-based case.

Applicants are usually given between 30 and 90 days to respond, depending on the complexity of the request. A timely, complete response typically allows the case to continue moving forward.

At Sharma Law Associates, LLC, we help clients respond to RFEs by identifying precisely what is needed and preparing a clear, well-organized submission that strengthens the overall application.

What Is a Notice of Intent to Deny (NOID)?

A NOID is a much more serious notice. It means USCIS has reviewed your file and intends to deny the application unless you can overcome specific concerns. Unlike an RFE, which asks for more information, a NOID signals that USCIS believes your case already lacks the legal grounds for approval.

A NOID may be issued if:

· USCIS doubts the validity of a marriage or other qualifying relationship.

· The applicant failed to meet the eligibility criteria.

· Evidence previously submitted appears fraudulent or inconsistent.

· The applicant gave conflicting answers during an interview.

NOID responses are typically due within 30 days and must directly address the reasons for the potential denial. This often requires new evidence, affidavits, and detailed legal analysis.

Our attorneys at Sharma Law Associates, LLC treat NOIDs as urgent matters. We conduct a full case review, identify weaknesses, and craft persuasive responses that aim to rescue the application.

Why a Case Might Escalate from RFE to NOID

A case can receive an RFE first, and then a NOID if the initial response does not resolve USCIS’s concerns.

This often happens when:

· The RFE response is incomplete or unclear.

· The new information raises additional questions.

· The case involves complex facts or potential red flags.

For example, a marriage-based green card case may receive an RFE asking for more proof of the relationship. If the couple responds with insufficient or disorganized evidence, USCIS may follow up with a NOID expressing doubt about the marriage’s legitimacy.

To avoid this escalation, it is essential to treat every RFE seriously and to submit a thorough, well-documented response the first time.

How Legal Representation Can Protect Your Case

Responding to either a NOID or an RFE without legal guidance can put your case at risk. Many applicants unintentionally make things worse by submitting irrelevant documents, unclear explanations, or failing to meet deadlines.

At Sharma Law Associates, LLC, our New York immigration attorneys help clients:

· Understand the true meaning of USCIS notices.

· Organize and present strong, targeted responses.

· Identify when expert declarations or legal arguments are needed.

· Avoid common mistakes that trigger further scrutiny.

We treat each notice as a critical turning point in your immigration journey and respond with urgency, clarity, and professionalism.

Don’t Wait Until It’s Too Late

Whether you’ve received an RFE or a NOID, you still have a chance to save your case—but time is limited. The earlier you seek legal help, the more options you may have. Contact Sharma Law Associates, LLC at 646-374-3480, online, or schedule a personalized consultation on our calendar. Let our team guide you through this process with confidence and care.