Received an RFE, a NOID or a denial from USCIS?
A Request for Evidence (RFE), a Notice of Intent to Deny (NOID) or a denial from US Citizenship and Immigration Services (USCIS) comes with a fixed deadline, and the time to answer an RFE or NOID cannot be extended. HBM Law Offices handles RFEs, NOIDs and prior denied cases in family immigration. We review the notice and your filing, plan the evidence, prepare a legal cover letter and file one complete response before the deadline. After a denial, we explain the routes the law allows and which one fits.
What each USCIS notice means
The notices look alike, but each one calls for a different response and has its own deadline.
Request for Evidence (RFE)
An RFE asks for evidence or information USCIS needs to decide your case. It must name the requirement not yet met, the evidence that is missing and the response date. An RFE cannot fix a case that was not eligible on the day it was filed.
Notice of Intent to Deny (NOID)
A NOID tells you USCIS intends to deny the case and gives you a chance to answer first. It must explain the reasons and the evidence that could overcome them, and warn that no response may lead to a denial. A NOID is not yet a denial.
Denial without an RFE
Policy Alert PA-2026-05 of August 5, 2026 lets USCIS deny a filing that lacks required initial evidence without first sending an RFE or NOID. A filing with all initial evidence that still does not prove eligibility can also be denied outright. The policy applies to cases pending on that date as well as new ones.
Denial
A denial is a written decision that gives the reasons for the unfavorable outcome. Depending on the type of benefit denied, a denial may allow an appeal, only a motion, or neither. The deadline to act is usually 30 days. A motion gets 33 days if the decision was mailed.
Rejection at intake
A rejection happens before any officer reviews the case, for reasons such as a missing signature or an outdated form edition. A rejected filing keeps no filing date and cannot be appealed, but a corrected package can be filed again.
Who can challenge a denial
Generally, only the petitioner or applicant can file a motion or an appeal. The relative who would benefit from a petition cannot file one in their own name.
Petitions and green cards
This page covers notices on family-based petitions (Form I-130, Petition for Alien Relative), fiancé(e) petitions (Form I-129F, Petition for Alien Fiancé(e)) and adjustment of status (Form I-485, Application to Register Permanent Residence or Adjust Status). The details regarding I-485 notices can be found on our adjustment of status page.
Conditions, waivers and citizenship
This page also covers removal of conditions (Form I-751), waivers (Form I-601 and I-601A), and naturalization (Form N-400). During your consultation, we will assess your case to determine which of these filings we can handle and which may need to be referred elsewhere.
How we handle an RFE, NOID or denial
Schedule the consultation
Book the paid 45-minute consultation over video call with Attorney Himani Bhardwaj. Have the response date or decision date on your notice ready when you book.
Review of the notice and filing
We read the notice to identify exactly what USCIS says is missing or wrong. Then we compare it with the full filing as it was submitted.
Choosing the route
For an RFE or NOID, the usual route is one complete response. For a denial, we explain which routes are open after that denial, such as a motion, an appeal or a new filing, and whether we can take it on.
Evidence plan
We list the evidence that answers each point in the notice, such as records, financial proof, affidavits or expert opinions. Then we help you gather and organize it.
Legal cover letter
We prepare a legal cover letter that explains, point by point, how the evidence meets each request, with citations to the rules that apply.
One complete response
We file the whole response in one package with the original notice, before the deadline. USCIS does not wait for a second batch, and a partial response is treated as a request for a decision.
Waiting for the decision
USCIS has no published time frame for deciding after a response. If the decision is a denial, a motion is due within 30 days of the decision (33 if it was mailed).
What to bring to the consultation
The notice
- Every page of the RFE, NOID, denial or rejection notice
- The response date or decision date printed on it
- Any earlier RFE or NOID in the same case
Your filing as submitted
- A complete copy of the forms as filed
- All evidence sent with the filing
- Any earlier responses sent to USCIS
- Proof of mailing or online submission
USCIS notices
- All receipt notices
- Biometrics and interview appointment notices
- Any approval notices, such as an approved petition
Earlier decisions and history
- Any earlier denial or rejection notices
- Any filing you withdrew
- Earlier petitions or applications for the same person
- Any arrest or court records
- Records from a FOIA request, if you have them
If another lawyer filed the case
- Your copy of the file from that lawyer
- Letters or messages about the notice or the deadline
Deadlines and government fees
Each notice carries its own deadline, and USCIS does not grant extensions to answer an RFE or NOID. An RFE allows up to 12 weeks (84 days), and the officer can set less. An RFE on Form I-601A is capped at 30 days. A NOID allows up to 30 days. Add 3 days if the notice was mailed. The deadline printed on the notice controls.
The deadline runs from the day USCIS mails the notice, or the day it uploads the notice to your online account, not the day you read it. Since August 5, 2026, notices mailed abroad no longer get an extra 14 days. Everything requested goes in one package. A partial response is treated as a request for a decision on the record, and no response by the deadline can lead to a denial.
After a denial, a motion through Form I-290B must be filed within 30 days of the decision (33 if it was mailed). Similarly, a request for a hearing on a naturalization denial through Form N-336 must be filed within 30 days of the decision (33 if it was mailed). A late motion is denied, except that a late motion to reopen may be excused if the delay was reasonable and beyond your control.
The consultation is paid. Legal fees are not displayed on the website and are discussed during the consultation, as every immigration case is unique and requires detailed analysis based on its specific complexities. If you retain HBM Law Offices for your case, the consultation fee is credited toward your legal fees.
The government fees listed below are effective as of October 2, 2026, in accordance with USCIS Form G-1055 (edition 10/01/26). Filing fees are subject to change; they must be checked again on the day of filing.
- Form I-290B motion or appeal: $800, with no fee for certain listed categories, including some VAWA cases
- Form N-336 hearing request: $830 on paper, $780 online
- A new Form I-130 petition: $675 on paper, $625 online
- A new Form I-129F petition: $675
- A new Form N-400: $760 on paper, $710 online
What can be done after a denial
A denial leaves a short list of routes, and which ones are open depends on the form and the reason for the denial. Filing a motion, an appeal or a new application does not pause the denial.
Some denials cannot be appealed at all. An I-751 denial allows a motion only. An I-601A denial allows neither an appeal nor a motion. A denial for abandonment, for example after a missed RFE deadline, cannot be appealed. A motion to reopen it must show that the evidence asked for was not material, that it was in fact filed on time, or that the request went to the wrong address.
A denial can also lead to immigration court proceedings. A USCIS policy memo issued on February 28, 2025, states that USCIS will issue a Notice to Appear when it denies a benefit request and the person is not lawfully present in the United States. Whether the case will receive an NTA will depend on your immigration status and history, which an immigration attorney can help evaluate.
At the consultation we explain which of the routes below fits your case and whether we can take it on. HBM Law Offices prepares motions on Form I-290B.
- Motion to reopen: new facts, supported by affidavits or other documents.
- Motion to reconsider: an argument that the officer applied the law or policy wrongly to the record as it stood, with no new evidence.
- Appeal: only where the form allows one, such as an I-129F or I-601 denial appealed to the Administrative Appeals Office.
- New filing: a fresh petition or application with a new fee. After a denial for abandonment the regulation allows it, but the old priority date is lost. After a denial on the merits, whether a new filing fits depends on the reason for the denial.
- Naturalization: a hearing on Form N-336, and in some cases a new Form N-400.
Frequently asked questions
01What is a Notice of Intent to Deny (NOID)?
A Notice of Intent to Deny is a letter from USCIS stating that it plans to deny your case and explaining why. The NOID must state the reasons, the evidence that could overcome them, and give a response deadline of up to 30 days. A NOID is not a denial. A complete response that reaches USCIS by the deadline is the chance to answer every point, while failing to respond may result in a denial.
02What is the difference between an RFE and a NOID?
An RFE asks for evidence USCIS needs before deciding, while a NOID warns that USCIS intends to deny and lets you answer the reasons first. An RFE allows up to 12 weeks (84 days), and a NOID up to 30 days. USCIS does not use a NOID when required initial evidence is missing. In that situation the officer sends an RFE or denies the filing.
03How long do I have to respond to an RFE or NOID?
You have the time printed on the notice: up to 12 weeks (84 days) for an RFE and up to 30 days for a NOID, plus 3 days if the notice was mailed. The officer can set a shorter period, and an RFE on Form I-601A is capped at 30 days. The response period starts when USCIS mails the notice or uploads it to your online account, not when you read it.
04Can I get an extension on an RFE or NOID deadline?
No. The regulation says additional time to respond to an RFE or NOID may not be granted. Since August 5, 2026, notices mailed abroad also no longer get an extra 14 days. If an item cannot be obtained in time, what to send in its place is a question for the attorney, because a partial response is treated as a request for a decision on the record.
05Can USCIS deny my case without sending an RFE first?
Yes. Policy Alert PA-2026-05 of August 5, 2026 lets USCIS deny a filing that lacks required initial evidence without first sending an RFE or NOID. A filing that includes all initial evidence but does not prove eligibility can also be denied outright. The policy applies to cases already pending on that date as well as new filings, so the first filing needs to be complete.
06Can I appeal a USCIS denial?
Sometimes, depending on the form. Denials of Form I-129F and Form I-601 can be appealed to the Administrative Appeals Office on Form I-290B. Most I-485 denials and I-751 denials allow only a motion, and an I-601A denial allows neither. A naturalization denial is challenged by requesting a hearing on Form N-336.
07What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen brings new facts, supported by documents, while a motion to reconsider argues that the officer applied the law or policy wrongly to the evidence already in the file. Both are filed on Form I-290B with the office that made the decision. The fee is $800 as of October 2, 2026, and the motion is due within 30 days of the decision (33 if it was mailed).
08Can you review a case another lawyer filed?
Yes, under full-scope representation only. If another lawyer, or you, filed the case, HBM Law Offices can take over the RFE or NOID response as your counsel, subject to reviewing the notice and case file. We confirm that at least 2-3 weeks remain before the response deadline, which gives us time to review the file, gather documents, and prepare the response. We do not provide standalone second opinions or review-only services.
09What happens after I respond to an RFE or NOID?
USCIS reviews the response with the rest of the file and then decides the case. USCIS has no published time frame for that decision, and it does not wait for a second batch of evidence. If the decision is a denial, a motion must be filed within 30 days of the decision (33 if it was mailed), so keep the denial notice and document its date.
Talk to Attorney Bhardwaj about your notice before the deadline.
Schedule a 45-minute consultation over video call with Attorney Bhardwaj to have your case assessed. We are fluent in English, Hindi, and Español.
What to expect
- 1Schedule the paid consultation
Tell us your story and schedule the 45-minute consultation.
- 2Join the video call
Once the consultation is scheduled and paid for, you will receive the email containing the date and time, and the link for the video call.
- 3We start working on your case
If you decide we are a good fit, we require an initial payment to enter into an Attorney-Client relationship with you and to begin working on your case. We accept online payments by credit or debit card or by checks.
Why Choose Us?
Other Immigration Services Not Listed Here?
If you have searched “immigration lawyer near me in Iowa,” you might have come across our HBM Law Offices based in West Des Moines (IA) known for being the immigrant’s immigration lawyer in the community of Iowa. With regional touch points in Iowa, Singapore, and India, we have been representing clients nationwide and across the world since 2012.
12+ years experience in family law and immigration law.
HBM Law is one of Iowa’s few immigration law firms who are predominantly immigrants with a laser focus on family immigration. We stay ahead of all things on immigration practices in U.S. immigration law. Our immigration firm offers specialized care and attention for immigration matters that are difficult to find elsewhere in Iowa.
5-Star immigration lawyer for your immigration case success.
We guide you every step of the way with tailored legal advice and support including green card, citizenship, fiancé(e) and spouse visa applications, waiver for unlawful presence (I-601A provisional waiver), fraud, misrepresentation, VAWA, removal of conditions (I-751 waiver), vaccination waivers, naturalization medical exemptions, and more. Our consistent 5-Star track record demonstrates our commitment to achieving successful outcomes for families.
Team of immigration lawyers who are all about families.
Principal immigration attorney, Himani Bhardwaj, is an Indian national who became a naturalized U.S. citizen in 2010. The HBM law firm’s team understands the unique cultural and linguistic needs of immigrants and their families navigating the United States legal system. We are by your side to advocate for your rights ensuring your applications are handled with respect and compassion.
Although the services listed above are the common ones, we do represent clients on a case-by-case basis. Each situation is special and deserves personalized attention. We’re here to listen and to understand your story on an individual basis. We encourage you to reach out and share more about your story with us. Your story matters, and we’re eager to hear it and help in any way we can.
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Bring your notice to us before the deadline.
Schedule the paid 45-minute consultation over video call with Attorney Himani Bhardwaj, and bring the notice and your full filing. We represent clients across the country and around the world, in English, Hindi and Español.
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