Immigration Attorneys Who Are Distinguished

Skipping RFE, Straight to Denial

On September 11, 2018, United States Citizenship and Immigration Service (USCIS) implemented the plan announced in July that empowers it to proceed immediately to issuing denials instead of first issuing Requests for Evidence (RFEs) or a Notices of Intent to Deny (NOIDs), as was standard practice. (RFEs are formal requests by USCIS for additional evidence related to the petition that was filed. NOIDs are preliminary decisions to deny the applicant’s petition due to a perceived ineligibility with a chance to change the adjudicator’s mind or to answer any questions that may have arisen.) In the past, petitioners, applicants, or requestors could almost always count on receiving warnings such as these that their cases may not be approved and a chance to respond to such warnings. Now, there is no guarantee that petitioners will be warned before a denial is issued. (There is one noteworthy exception to this rule however: the new change does not apply to the Deferred Action for Childhood Arrivals program extensions due to court orders.)

Though USCIS has had the right to skip the RFE/NOID phase for some cases since 2013, its capacity to do so was limited. In 2013, USCIS said it would only proceed immediately to denial in those cases it receives where the “… applicant, petitioner, or requestor has no legal basis for the benefit / request sought or submits a request for a benefit or relief under a program that has been terminated.” USCIS has expanded this ability to proceed immediately to denial because of what it claims to be a multitude of frivolous or “skeletal” applications it has received.

As a consequence of this change in procedure, immigration petitioners must exercise a heightened level of caution. This is because through unexpected petition denial, certain benefits can end without warning. With recent changes such as this under the current administration, it is becoming even more important to seek professional immigration guidance to make sure an application, petition, or request that you file with USCIS is current and complete in the first submission.

To protected their rights and interests, it is highly recommended that petitioners speak to an experienced immigration attorney prior to submitting any petition of immediate consequence. Our firm as over 25 years of experience handling tough cases and will explore every avenue possible to ensure approval. Contact us today to see how we can maximize your chances of immigration petition approval.

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I had a really hard case then after dealing with many attorneys I decided to work with Mr Shihab and his office and that was the best decision I took, how professional they are, how good and fast they are I was treated from day 1 like a family member not just a client Ramez
Atty. Shihab helped me navigate several issues that I had never faced before... he made it easy and supported me immediately if I had any questions, and his suggestions were top-notch. Avvo user
If you want to hire the best Immigration Attorney, hire Attorney Shihab. He will go above and beyond anyone's expectations, and stays on top of your case. He keeps you informed and up to date on deadlines, interviews and what to expect. Keith
Atty Shihab's record really speaks for itself, but more importantly, each client is treated with the upmost respect and dignity. He and his entire staff makes you feel as if you are the only client in their office. Rhonda
Mr. Shihab was recommended to me when the attorney my sister and I used failed to process our papers on time. From the beginning, I have consistently experienced exemplary service and very thorough knowledge of his profession. Amruta