Overcoming Government Challenges (RFEs and NOIDs)

Answering Requests for Evidence and Notices of Intents to Deny

When immigration applications or petitions trigger government challenges, it is usually due to some level of insufficiency in the initial case filing. When this occurs, only a successful rebuttal to the specific government challenge will result in an approved application or petition. If the rebuttal is not sufficient to overcome the government’s challenge, the matter will be denied. The Law Offices of Brian J. Halliday, Inc. is experienced in responding to these difficult obstacles, and can often step in to get these problems resolved.

Types of challenges

All immigration-related applications and petitions filed with the United States government are subject to approval, challenge or outright (or eventual) denial as part of the administrative adjudication process. Whenever they are found legally insufficient or lacking proper evidence, the agency with which they are filed issues one or more of the following notices:

Audit of PERM labor certification applications with the Department of Labor
Request for Evidence (RFE) relating to most matters filed with the Citizenship and Immigration Service
Notice of Intent to Deny (NOID) Application for Naturalization
Notice of Decision or Denial due to legal or evidentiary insufficiency in the record

The sources of these problem scenarios are various, ranging from pro se matters and incorrect advice given by unauthorized practitioners (e.g., "notarios", immigration consultants, travel agents, or online immigration service websites) to cases handled by another attorney, perhaps even years earlier. There are instances as well where the case as filed is factually correct and legally sufficient, but the government is simply being difficult.

In cases where the immigration petition or application is denied, frequently there is an opportunity to appeal the unfavorable decision or denial. If not, there may be other remedies available to reopen the matter and seek reconsideration based on legal arguments, or requests for a favorable exercise of discretion.

Required response must be timely

In each of these government challenges, you are required to respond within a specified time window to avoid negative legal consequences. Unlike other areas of law (e.g., tax or civil and criminal litigation), requests for enlargement or extensions of response time limits are typically not permitted. So respondents to RFEs, NOIDs, and denials must take action promptly.

Successful guidance for difficult situations

No matter the source of the difficulty, The Law Offices of Brian J. Halliday, Inc. stands ready to assume representation in an audit, RFE, NOID, denial, or even subpoena. The firm analyzes the case, recommends effective remedies, and vigorously pursues prescribed courses of action, including appeals. This rigorous approach has won Mr. Halliday's firm and its clients significant victories in these circumstances.

Integrity. Expertise. Personal service.