skodali2005
Registered Users (C)
Is a REF different from NOID.If USCIS Sends a NOID will the status message be different on the web site or will it be same message as a RFE
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Law Offices of Rajiv S. Khanna, P.C.
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Please Help REF vs NOID !!!
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maxwellhouse
Registered Users (C)
RFE -- Reviewing Evidence The officer is responsible for reviewing all initial evidence to determine if it meets the standard for acceptability and that each documentary requirement has been submitted. This section lists the acceptable types of initial evidence required in the adjudication of Form I-485. Regardless of whether the I-485 is to be adjudicated to completion at the Service Center or relocated to another office, the record of proceeding must be complete. If the evidence is missing, the officer must prepare a RFE. Remember, each piece of evidence must meet the standard of acceptability as noted. If for any reason the evidence is deemed to be unacceptable, the officer must prepare an RFE for acceptable evidence. The Adjudications portion of the I-485 processing worksheet must be completed by the adjudicating officer for every I-485 adjudicated
Request for Evidence (RFE) There are three different updates in CLAIMS when requesting evidence: · Initial evidence - required evidence that is missing at the time of the I-485 filing. · Additional evidence - required evidence that does not meet acceptability standards. · Initial and Additional evidence - a combination of both of the above. Once you have decided that you need more evidence to support the I-485, you must prepare a request for evidence. To do this, follow the steps below. Step Action 6.1 Initial and date the I-485 Processing Worksheet in the block next to “RFE.” 6.2 On the reverse side of the worksheet, annotate the standard call-ups and/or text that the clerk must include in the notice to the applicant. If you have prepared your own request for evidence on the LAN, indicate the name of the document to be retrieved on the reverse side of the worksheet. NOTE: Some Centers may require supervisory review prior to referral for clerical processing. NOTE: Officers may complete the notice themselves. 6.3 Access “Adjudicate a Case” in CLAIMS and update by following the steps below. Step Action 6.3A Wand in the barcode on the file/application. 6.3B Hit “F10.” 6.3C Select “Case Review.”
6.3D Select “Place in Suspense.” 6.3E Select appropriate phrase to indicate evidence ordered. 6.3F Hit “Esc” until you are asked to “Exit.” 6.4 Route the file appropriately. 6.5 Once the RFE is completed, access batch case status update in CLAIMS to indicate that the notice was sent. Recommended Relocation Once you have decided that the I-485 does not meet interview waiver criteria, you will need to relocate the file to the appropriate District Office. To do this, follow the steps below. Note: If additional evidence is required, it will be requested at the district office. However, if a RFE has already been issued, relocate the file once a response is received. Step Action 7.1 Initial and date the I-485 Processing Worksheet next to “Relocate I-485 to_______” and fill in the blank with the appropriate 3 letter district office code. 7.2 Complete a “Case Relocation Memorandum” to related District Office indicating the reason for the relocation. (This memo has been attached as a separate document.) Place the memo on the right side of the file, above the Processing Worksheet. Some Centers may require a supervisory review of these notices. Follow your Service Center’s guidance, and, if necessary, forward to an SCAO for review before relocating the file. 7.3 Print the I-181's. (These I-181's are not stamped by the CAO.) Step Action 7.3A Select the "Print I-181" option from the “Exams Options” menu in CLAIMS. 7.3B Wand in the barcode on the file(s) you are relocating. 7.3C Hit “F4” to print. Three copies of the I-181 will be generated. Copies 1 and 3 should be left loose inside the file under the relocation worksheet filled out in Step 7.2 above. Copy 2 may be recycled. 7.4 Access “Relocate Update” in CLAIMS. (If this function is performed by the contractor, route the file appropriately.) Step Action: U.S. CIS/Contractor 7.4A Select “Adjudicate a Case.” 7.4B Case Movement: select “relocate out.” 7.4C Choose the appropriate text: Transfer to local office for standard interview. 7.4D Supervisory override will appear. The CAO or SCAO will enter their override password. 7.4E Transfer notice will automatically be generated by CLAIMS. 7.4F RAFACS the file to Records for transfer.
7.5 Drop off the file in the crate labeled “Relocates.” Denial Once you have decided that the I-485 must be denied, you must compose the denial. Then, you must follow the steps below.
NOID -- Intent to Deny Follow the steps below to process an Intent to Deny. Step Action 10.1 Initial and date the I-485 Processing Worksheet next to the “Intent to Deny” block. 10.2 On the reverse side of the worksheet, annotate the intent standard and standard call-ups and/or text that the clerk must include in the intent notice to the applicant. If you have prepared your own intent on the LAN, indicate the name of the document to be retrieved on the reverse side of the worksheet. 10.3 Access “Adjudicate a Case” in CLAIMS and update by following the steps below. Step Action 10.3A Wand in the barcode on the file/application. 10.3B Hit “F10.” 10.3C Select “Case Review.” 10.3D Select “Place in Suspense.” 10.3E Select “Order Intent to Deny Notice.” 10.3F The system will ask you if you want to “Change Case Status.” Select “Yes.” 10.4 Drop off the file in the clerical sort area in the appropriate box. 10.5 Once the notice is completed, access batch case status update in CLAIMS to indicate that the notice was sent. Motions If a motion is submitted, the officer must determine if the motion meets the filing criteria set forth in 8 CFR 103. If these criteria are met, then consider the new evidence and process the I-485 accordingly. Keep this in mind. If the principal applicant in a family group is denied then his/her dependents are denied. (Note: This does not apply to refugee/asylee dependents.) Therefore, if the principal files a motion with fee and we reopen the case, we will “Open on Service Motion” the dependents of this principal if they do not individually file a motion on their respective I-485. The only time this would not apply would be if the dependent was denied for cause as well as because the principal applicant was denied. The dependent in this case would require a motion to reopen along with the proper fee. In instances where the I-485 will be relocated after the motion has been accepted, the officer must notify the applicant that the case is being reopened and forwarded to the district office.
If the filing criteria for the motion is not met but the Supplement A and penalty fee were receipted, you must initiate a refund through your supervisor to CRU. Rescissions If derogatory information is received or a determination is made indicating that the applicant was ineligible to adjust at the time of the approval of the I-485, rescission proceedings may be initiated. The Service has 5 years from the date of approval of the I-485 to initiate such proceedings. All rescissions are initiated at the District level. The I-485 should be relocated to the district office with a memo explaining the grounds for rescission. The Workload Distribution will update CLAIMS as relocated. Follow the steps below when handling rescissions. Step Action 11.1 Initiate the rescission memo. 11.2 Place any derogatory information on the non-record side of the file. 11.3 Send to Workload Distribution for relocation to appropriate office. Composing an Intent to Deny It is important to write a notice so that it is clear what is exactly wrong with the submission and what must be submitted to overcome the problem. Because of this philosophy, this section is provided to assist you in formatting an Intent to Deny. This format may also be applied to any other notice you may compose.
Request for Evidence (RFE) There are three different updates in CLAIMS when requesting evidence: · Initial evidence - required evidence that is missing at the time of the I-485 filing. · Additional evidence - required evidence that does not meet acceptability standards. · Initial and Additional evidence - a combination of both of the above. Once you have decided that you need more evidence to support the I-485, you must prepare a request for evidence. To do this, follow the steps below. Step Action 6.1 Initial and date the I-485 Processing Worksheet in the block next to “RFE.” 6.2 On the reverse side of the worksheet, annotate the standard call-ups and/or text that the clerk must include in the notice to the applicant. If you have prepared your own request for evidence on the LAN, indicate the name of the document to be retrieved on the reverse side of the worksheet. NOTE: Some Centers may require supervisory review prior to referral for clerical processing. NOTE: Officers may complete the notice themselves. 6.3 Access “Adjudicate a Case” in CLAIMS and update by following the steps below. Step Action 6.3A Wand in the barcode on the file/application. 6.3B Hit “F10.” 6.3C Select “Case Review.”
6.3D Select “Place in Suspense.” 6.3E Select appropriate phrase to indicate evidence ordered. 6.3F Hit “Esc” until you are asked to “Exit.” 6.4 Route the file appropriately. 6.5 Once the RFE is completed, access batch case status update in CLAIMS to indicate that the notice was sent. Recommended Relocation Once you have decided that the I-485 does not meet interview waiver criteria, you will need to relocate the file to the appropriate District Office. To do this, follow the steps below. Note: If additional evidence is required, it will be requested at the district office. However, if a RFE has already been issued, relocate the file once a response is received. Step Action 7.1 Initial and date the I-485 Processing Worksheet next to “Relocate I-485 to_______” and fill in the blank with the appropriate 3 letter district office code. 7.2 Complete a “Case Relocation Memorandum” to related District Office indicating the reason for the relocation. (This memo has been attached as a separate document.) Place the memo on the right side of the file, above the Processing Worksheet. Some Centers may require a supervisory review of these notices. Follow your Service Center’s guidance, and, if necessary, forward to an SCAO for review before relocating the file. 7.3 Print the I-181's. (These I-181's are not stamped by the CAO.) Step Action 7.3A Select the "Print I-181" option from the “Exams Options” menu in CLAIMS. 7.3B Wand in the barcode on the file(s) you are relocating. 7.3C Hit “F4” to print. Three copies of the I-181 will be generated. Copies 1 and 3 should be left loose inside the file under the relocation worksheet filled out in Step 7.2 above. Copy 2 may be recycled. 7.4 Access “Relocate Update” in CLAIMS. (If this function is performed by the contractor, route the file appropriately.) Step Action: U.S. CIS/Contractor 7.4A Select “Adjudicate a Case.” 7.4B Case Movement: select “relocate out.” 7.4C Choose the appropriate text: Transfer to local office for standard interview. 7.4D Supervisory override will appear. The CAO or SCAO will enter their override password. 7.4E Transfer notice will automatically be generated by CLAIMS. 7.4F RAFACS the file to Records for transfer.
7.5 Drop off the file in the crate labeled “Relocates.” Denial Once you have decided that the I-485 must be denied, you must compose the denial. Then, you must follow the steps below.
NOID -- Intent to Deny Follow the steps below to process an Intent to Deny. Step Action 10.1 Initial and date the I-485 Processing Worksheet next to the “Intent to Deny” block. 10.2 On the reverse side of the worksheet, annotate the intent standard and standard call-ups and/or text that the clerk must include in the intent notice to the applicant. If you have prepared your own intent on the LAN, indicate the name of the document to be retrieved on the reverse side of the worksheet. 10.3 Access “Adjudicate a Case” in CLAIMS and update by following the steps below. Step Action 10.3A Wand in the barcode on the file/application. 10.3B Hit “F10.” 10.3C Select “Case Review.” 10.3D Select “Place in Suspense.” 10.3E Select “Order Intent to Deny Notice.” 10.3F The system will ask you if you want to “Change Case Status.” Select “Yes.” 10.4 Drop off the file in the clerical sort area in the appropriate box. 10.5 Once the notice is completed, access batch case status update in CLAIMS to indicate that the notice was sent. Motions If a motion is submitted, the officer must determine if the motion meets the filing criteria set forth in 8 CFR 103. If these criteria are met, then consider the new evidence and process the I-485 accordingly. Keep this in mind. If the principal applicant in a family group is denied then his/her dependents are denied. (Note: This does not apply to refugee/asylee dependents.) Therefore, if the principal files a motion with fee and we reopen the case, we will “Open on Service Motion” the dependents of this principal if they do not individually file a motion on their respective I-485. The only time this would not apply would be if the dependent was denied for cause as well as because the principal applicant was denied. The dependent in this case would require a motion to reopen along with the proper fee. In instances where the I-485 will be relocated after the motion has been accepted, the officer must notify the applicant that the case is being reopened and forwarded to the district office.
If the filing criteria for the motion is not met but the Supplement A and penalty fee were receipted, you must initiate a refund through your supervisor to CRU. Rescissions If derogatory information is received or a determination is made indicating that the applicant was ineligible to adjust at the time of the approval of the I-485, rescission proceedings may be initiated. The Service has 5 years from the date of approval of the I-485 to initiate such proceedings. All rescissions are initiated at the District level. The I-485 should be relocated to the district office with a memo explaining the grounds for rescission. The Workload Distribution will update CLAIMS as relocated. Follow the steps below when handling rescissions. Step Action 11.1 Initiate the rescission memo. 11.2 Place any derogatory information on the non-record side of the file. 11.3 Send to Workload Distribution for relocation to appropriate office. Composing an Intent to Deny It is important to write a notice so that it is clear what is exactly wrong with the submission and what must be submitted to overcome the problem. Because of this philosophy, this section is provided to assist you in formatting an Intent to Deny. This format may also be applied to any other notice you may compose.
When there is an RFE, generally you will see a status change on the website,you may also see LUDs on your 485 application, the RFE will be sent in the mail and will go to the lawyer which is on the 485 application, if you dont have a lawyer on the 485 application it will come directly to the beneficiary (which is you).
When there is an NOID, generally you will NOT see any status change on the website, you may or may not see any LUD's on the 485 application, the NOID will be sent in the mail and will go to the lawyer which is on the 485 application, if you dont have a lawyer on the 485 application it will come directly to the beneficiary (which is you).
Before Denial, In most cases I believe there is an RFE/NOID will be sent in the mail and will go to the lawyer which is on the 485 application, if you dont have a lawyer on the 485 application it will come directly to the beneficiary (which is you).
eb2_gc_seeker, the problem in your case might be you have received the NOID which might not have any status change on the website and the NOID might have directly gone to your lawyer which is on file, and the lawyer on the file could be your previous lawyer, so your previous lawyer might have forgotten to let you know about the NOID, which further potentially led to Denial.
The problem with USCIS is there is no status message change when there is an NOID / Denial
I AM NOT A LAWYER, THIS IS JUST MY PERSONAL OPINION.
When there is an NOID, generally you will NOT see any status change on the website, you may or may not see any LUD's on the 485 application, the NOID will be sent in the mail and will go to the lawyer which is on the 485 application, if you dont have a lawyer on the 485 application it will come directly to the beneficiary (which is you).
Before Denial, In most cases I believe there is an RFE/NOID will be sent in the mail and will go to the lawyer which is on the 485 application, if you dont have a lawyer on the 485 application it will come directly to the beneficiary (which is you).
eb2_gc_seeker, the problem in your case might be you have received the NOID which might not have any status change on the website and the NOID might have directly gone to your lawyer which is on file, and the lawyer on the file could be your previous lawyer, so your previous lawyer might have forgotten to let you know about the NOID, which further potentially led to Denial.
The problem with USCIS is there is no status message change when there is an NOID / Denial
I AM NOT A LAWYER, THIS IS JUST MY PERSONAL OPINION.
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