RFE responses, NOID defense, case strategy, FOIA requests. Overcome USCIS challenges with experienced counsel.
Receiving a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or facing unexpected processing delays can feel overwhelming — but these are not the end of the road. At Fitenko Law PLLC, we specialize in helping applicants respond to USCIS challenges with well-crafted legal arguments, thorough evidence compilation, and strategic thinking that addresses the adjudicator’s concerns head-on.
A Request for Evidence is issued when USCIS determines that the initial petition or application does not contain sufficient evidence to make a decision. An RFE is not a denial — it is an opportunity to supplement the record and address the specific deficiencies identified by the adjudicator. However, the response must be thorough, timely, and precisely targeted to the issues raised.
Our approach to RFE responses includes:
We have successfully responded to RFEs across a wide range of case types, including EB-1A, EB-2 NIW, H-1B, O-1, L-1, E-2, and family-based petitions.
A NOID is more serious than an RFE because USCIS has made a preliminary determination that the case should be denied. The applicant is given a limited time window — typically 30 days — to submit a rebuttal with additional evidence and legal arguments. A NOID response requires a more aggressive and targeted strategy than a standard RFE response.
We approach NOID defense by identifying the specific legal or evidentiary deficiency, marshaling the strongest available evidence, and presenting forceful legal arguments that compel the adjudicator to reconsider. In some cases, we challenge the adjudicator’s interpretation of the law or factual findings where they are unsupported by the record.
Not every immigration matter is straightforward. Complex cases — those involving prior denials, criminal history, prior immigration violations, multiple pending applications, or unusual fact patterns — benefit from strategic case evaluation before any filing is made. We offer comprehensive case strategy consultations that assess:
A Freedom of Information Act (FOIA) request allows individuals to obtain copies of their own immigration records from USCIS, CBP, ICE, or the Department of State. FOIA records are valuable for understanding what information the government has on file, identifying potential issues before filing a new application, and gathering evidence for pending or future cases. We prepare and submit FOIA requests on behalf of our clients and analyze the resulting records in the context of their immigration goals.
Under certain circumstances, USCIS may grant an expedite request to accelerate the processing of a pending application or petition. USCIS considers expedite requests based on criteria including severe financial loss, emergency situations, humanitarian reasons, nonprofit organization requests, U.S. government interests, and USCIS processing errors.
We evaluate whether our client’s situation meets the expedite criteria, draft compelling expedite request letters with supporting documentation, and follow up with USCIS to ensure the request receives attention. Expedite requests can be particularly valuable when processing delays threaten employment, travel, or other time-sensitive needs.
When USCIS unreasonably delays adjudication of an application or petition — sometimes for years beyond normal processing times — a mandamus lawsuit may be filed in federal court to compel USCIS to act. Under the Mandamus Act (28 U.S.C. § 1361) and the Administrative Procedure Act, federal courts have jurisdiction to order agencies to perform duties they are legally required to carry out.
We evaluate mandamus eligibility based on the length of the delay, the type of case, and whether USCIS has provided any justification for the inaction. In many cases, the filing of a mandamus complaint itself prompts USCIS to adjudicate the case before the lawsuit proceeds further.
Staying informed about USCIS processing times is an important part of managing expectations and planning next steps. Processing times vary by form type, service center, and field office, and they change monthly. We track processing times for all of our pending cases, advise clients when their case falls outside normal processing windows, and take appropriate action — including service requests, ombudsman inquiries, and congressional inquiries — to move stalled cases forward.
“Every USCIS challenge has a strategic solution. Our job is to find it, document it, and present it with the precision and persuasiveness that the situation demands.”
The notice states the deadline, most often up to 87 days from the date printed on it. That deadline is not extendable, and a late or partial answer means the case is decided on the record as it then stands. An RFE is best treated as one chance to close every gap the officer identified — the response has to answer each item with documents, not with argument alone.
Yes, and it calls for a different answer. An RFE says the record is incomplete. A NOID says the officer has already reached an adverse conclusion and is inviting rebuttal before denying, usually within 30 days. A response that merely adds more of the same evidence rarely works; it has to confront the stated grounds directly and supply proof that meets them.
First confirm that you are genuinely outside the range USCIS publishes for that form and office — that is the threshold for an outside-normal-processing-time service request. A FOIA request on the A-file often reveals what is actually holding the case. Where the delay is unreasonable and the agency has a clear duty to act, a mandamus action in federal district court compels a decision, though not a particular outcome.
Yes, on defined grounds: severe financial loss to a company or person, emergencies and urgent humanitarian situations, nonprofit interests in the cultural or social interest of the United States, U.S. government interests, and clear USCIS error. Expedite requests are discretionary and succeed on documented proof of the ground claimed — urgency described in general terms is routinely refused.
Whether you have received an RFE, NOID, or are dealing with processing delays, contact Fitenko Law PLLC for immediate assistance. We respond quickly and strategically to protect your immigration case. Consultations available in English and Russian.