Receiving a USCIS Notice of Action, formally known as Form I-797, is always a mixed feeling, as it can mean good or bad news. Most notices require you to act, and you have to do it quickly.
This blog explains what each notice means, provides a response checklist, and offers tactical tips you can use.
What is a USCIS Notice of Action?
USCIS uses Form I-797 and its variants to talk to you. The notice can be a receipt, an appointment, an RFE, a NOID, a NOIR, or an approval. Each type needs a different response, so you’ll need to understand which one you’ve been sent.
Common Notices and What to Do
I-797C — Receipt / Appointment / Transfer / Rejection
This notice type tells you either of these things:
- That USCIS got your filing
- About biometrics appointment
- About transfers or rejections.
What to do: verify the receipt number and dates. Scan it and log the filing date.
If you expected an I-797C and didn’t get it, you can file an e-Request.
I-797E — Request for Evidence (RFE)
This notice tells you that USCIS wants you to submit more documents. You still have a chance.
What to do: read the RFE deadline. The standard response window is up to 12 weeks. Mark the deadline and start collecting evidence immediately.
Notice of Intent to Deny (NOID)
This notice tells you that USCIS plans to deny unless you rebut the concerns. This is more serious than an RFE.
What to do: Treat it like an emergency. NOIDs usually give about 30 days. Draft a strong rebuttal and gather evidence.
Notice of Intent to Revoke/Rescind (NOIR / NIR)
This tells you that USCIS wants to revoke an approval it already gave. It usually happens in cases that are later found to be fraudulent or after new information comes to light.
What to do: Call your lawyer immediately. Consider litigation options if revocation would cause irreparable harm.
Approval Notices (I-797A/B/D/F)
These notices mean good news. Read the effective dates and attached I-94.
What to do: secure original documents. You may need them for I-9s, travel, or later filings.
No matter the type of notice you get, do these within 24 hours:
- Read the notice carefully and note both the type and the deadline.
- Scan and save the I-797 as a PDF and keep the original in a safe place.
- Log the deadline in your calendar and set reminders for 7 days and 2 days before it.
- Decide whether you can handle the response yourself or need an attorney.
Building Your Response
Step 1: Identify what USCIS asked for
Is it an evidentiary request? A factual rebuttal? An appointment? Match your response to the request.
Step 2: Create an exhibit index
Map every requested item to an exhibit number. That makes the officer’s job easy. Include certified translations for non-English docs.
Step 3: Draft a short cover memo
Prepare each page to include a case number and a corresponding receipt number. Give brief answers to each issue and an exhibit list. Position the memo at the beginning of your application.
Step 4: Send correctly
Follow the notice’s mailing address or online response instructions exactly and keep proof of delivery.
Step 5: Confirm receipt and follow up
Check your USCIS account or call the Contact Center if there is no update in several business days. Track premium processing if you applied for it.
Tactical Replies: RFE vs NOID vs NOIR
Responding to an RFE
- Answer only what’s asked but be thorough.
- Index exhibits. Use a cover letter that cites each RFE paragraph.
- Include originals only if explicitly requested. Give copies and originals at the interview if needed.
- Don’t rely on extensions. USCIS is unlikely to give them.
Responding to a NOID
- Treat this like litigation. Hire a licensed immigration attorney. Lead with law and evidence.
- Address every adverse point the officer raised. Don’t bury the rebuttal in too many pages.
- Submit affidavits and expert letters. Prioritize the best proof.
- If timing is tight, prepare a short emergency reply first, then supplement with fuller evidence.
Responding to a NOIR
- This is a serious case. Think about motions, stays, and litigation.
- If fraud is alleged, get experienced legal counsel right away.
- Keep copies of everything and prepare a strong strategy that defends the original approval.
Evidence to Compile
- Scanned I-797, front and back
- One-page cover memo and exhibit index.
- Exhibit 1: ID/passport copy.
- Exhibit 2: Original filing receipt.
- Exhibit 3: Proof of relationship/employment, such as a marriage certificate, pay stubs, and an employer letter.
- Exhibit 4: Tax returns / W-2s.
- Exhibit 5: Certified translations + translator affidavit.
- Exhibit 6: Affidavits from family, employer, and experts.
- Proof of mailing/tracking number.
Filing Logistics to Follow
- Use the exact address on the notice. Selecting the wrong service center could result in rejection.
- Use tracked mail or USCIS electronic response. Keep the tracking document.
- Don’t send irrelevant documents. Keep the packet focused.
- Keep the original documents, as USCIS may request them during the interview.
Deadlines & Appeals
- If you miss a deadline, file fast and explain why.
- If you get denied after your response, consider filing Form I-290B to appeal within 30 to 33 days.
Where to Get Help
Immigration processes can be overwhelming, so it is advisable to get professional help. ImmigrationQuestion.com connects you with licensed immigration attorneys who handle RFEs, NOIDs, NOIRs, and appeals. They can help you prepare a fitting response to a Notice of Action.
Do you have an immigration question? Ask them FREE on ImmigrationQuestion.com and get answers from licensed attorneys.
Frequently Asked Questions
What’s a USCIS Notice of Action?
It’s an official update from USCIS, usually on Form I-797. It tells you what’s happening with your case and what you need to do next.
Do all notices need a response?
Some are just receipts or approvals, but RFEs, NOIDs, and NOIRs need quick action.
How fast should I respond to an RFE?
The deadline will likely be on the notice. Most RFEs in 2025 give up to 12 weeks. Don’t wait, start right away.
What if I miss the deadline to respond?
You may not get an extension, and the case may be denied. Act before the due date and track your mail.
What’s the difference between an RFE and a NOID?
An RFE asks for more evidence, while a NOID tells you USCIS plans to deny unless you respond with strong proof.
Can I answer the notice online?
Some categories allow uploads through your USCIS online account. Follow the instructions on the notice.
Do I need a lawyer to respond?
You don’t have to, but it helps a lot, especially for NOIDs or NOIRs. The stakes are high, so you should get professional help.
How do I know USCIS got my response?
Use tracked mail or the online portal for updates.
Can USCIS resend a lost notice?
You may request a duplicate through the USCIS Contact Center.
