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RFE, I-290B, I-601A

Denied or delayed

A request for more evidence, a notice of intent to deny or a denial is not always the end of a case. Deadlines are short and the right response depends on exactly what the officer found missing. We review the notice and the full record, then choose between a response, a motion, an appeal, a new filing or a waiver.

Lead attorney

Temitayo M. Tijani

Last reviewed September 2026

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A Request for Evidence (RFE) asks for documents the officer considers missing. A Notice of Intent to Deny (NOID) warns that the officer plans to deny the case. A waiver asks the government to forgive a ground of inadmissibility, such as past unlawful presence.

See the glossary

Who this is for

  • Applicants who received an RFE or NOID
  • Applicants whose case was denied and who are within the deadline to act
  • Families affected by the 3-year or 10-year unlawful presence bars
  • Cases stuck well beyond normal processing times

How we help

Notice review
We read the notice against the record to identify exactly what the officer needs.
Targeted response
We gather the missing evidence and write a legal argument that addresses each point.
Motions and appeals
Where an officer made an error, we file a motion to reopen or reconsider, or an appeal to the right body.
Waivers
We prepare waiver applications built on documented hardship to qualifying relatives.

Forms involved

  • I-290BNotice of Appeal or Motion
  • I-601Application for Waiver of Grounds of Inadmissibility
  • I-601AApplication for Provisional Unlawful Presence Waiver
  • I-212Application for Permission to Reapply for Admission

Government filing fees are listed on our filing fees page.

Timeline

An RFE response is due by the date printed on the notice. Most motions and appeals of U.S. Citizenship and Immigration Services (USCIS) decisions must be filed within 30 days of the decision, or 33 days if it was mailed. Waiver applications often take a year or more to decide.

Document checklist

A starting list. We send a checklist for your case after the consultation.

  • The full notice, including all pages
  • A copy of everything filed in the original case
  • Any new evidence related to the issue raised
  • For waivers: evidence of hardship to the qualifying relative (medical, financial, family, country conditions)
“We received a request for evidence on the affidavit of support and panicked. They found the gap, fixed it with a joint sponsor and the case moved forward within two months.”
Ngozi E., Houston, TXRFE response

These reviews are illustrative examples while client reviews are being collected.

Questions clients ask

How long do I have to answer an RFE?
The deadline is printed on the notice. USCIS generally does not extend it, so we recommend sending us the notice as soon as it arrives.
What is the difference between a motion and an appeal?
A motion asks the same office to look again, either because of new facts (motion to reopen) or a legal error (motion to reconsider). An appeal asks a higher body, such as the Administrative Appeals Office, to review the decision.
Where does a family petition appeal go?
Denials of Form I-130 petitions are generally appealed to the Board of Immigration Appeals, not through Form I-290B.
What are the unlawful presence bars?
A person who stays in the United States unlawfully for more than 180 days and then leaves can face a 3-year bar to returning. More than one year can lead to a 10-year bar. Waivers exist for some applicants with a qualifying U.S. citizen or permanent resident spouse or parent.
What is the provisional waiver?
Form I-601A lets certain applicants ask for a waiver of the unlawful presence bars before leaving the United States for a consular interview, which reduces time spent apart from family.
What does extreme hardship mean?
It means hardship to a qualifying relative beyond the ordinary difficulties of separation or relocation. Health, finances, family ties and conditions in the other country all count, and documentation carries the case.
Is it better to refile than to appeal?
Sometimes. If the denial came from missing evidence that is now available, a new filing may be faster. We compare both routes for each case.
My case has been pending far too long. What can be done?
Options include service requests, case inquiries, congressional assistance and, in some situations, a federal court action to compel a decision. We review which step fits the delay.

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