If your case gets denied, you may still be able to appeal the denial or request that USCIS reconsider its decision. Our office is extremely experienced in appeals with the Board of Immigration Appeals (BIA) or a Federal Circuit Court. Although Colorado is located in the Tenth Circuit, we have experience appealing cases in other circuits as well. At McGuire Law, we are not intimidated by difficult cases with denial notices or adverse decisions, and we won’t give up on your case.

Visitor and Tourist visas, or B-1/B-2 visas, usually permit people to visit the U.S. in six-month increments. Some tourist visas are valid for ten years at a time, while others are issued for shorter periods. Some people will arrive in the U.S. on a tourist visa and then change their mind, hoping to request a different immigration status for the future. At that time, it’s critical to consult with an expert immigration attorney to help you screen your case for possible hiccups or obstacles.

What if you don’t remember what happened many years ago in your immigration history? What if you think a relative may have filed a petition for you when you were a child, but you’re not sure? Luckily the Freedom of Information Act (FOIA) allows for people to request their own records from all the immigration agencies that may have touched their case. The agencies may include:

Customs and Border Protection (CBP)
Immigration and Customs Enforcement (ICE)
Federal Bureau of Investigation (FBI)
Office of Biometric Identity Management (OBIM)
U.S. Citizenship and Immigration Services (USCIS)
U.S. Department of State (DOS)

Each agency has its own procedure for requesting records, and it can save you a huge headache to trust an experienced immigration attorney to navigate all the different agencies for you.

If immigration needs more information to issue a decision, you can expect to receive a letter called a Request for Evidence (RFE). An RFE is not necessarily a negative indicator in your case, but it is critical to reply as soon as possible with the evidence USCIS is requesting to avoid unnecessary delays and make sure your application is complete. RFEs typically offer the applicant and/or petitioner a period of 87 days to reply. If you receive an RFE and are unsure about how to respond, an experienced immigration attorney can help you put together a careful and complete response.

If USCIS plans to issue an adverse decision in your case, you may receive a Notice of Intent to Deny (NOID). These notices can be stressful to receive, as they indicate that your case may not have a favorable outcome. However, receiving a NOID is not necessarily the end of your immigration story. An expert immigration attorney may be able to reply to the NOID and convince USCIS to grant your application after all.