Which statement is true regarding an applicant's failure to respond to an RFE/NOID?

• A. Additional time to respond to an RFE/NOID may be granted.
• B. If USCIS denies a petition or application for abandonment, it may be appealed.
• C. If a petitioner/applicant fails to respond timely to an RFE/NOID, the benefit may be denied as abandoned.
• D. A petitioner/applicant may not file a motion to reopen if the benefit is denied.

Answer: (C)

The assertion that if a petitioner or applicant fails to respond timely to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), the benefit may be denied as abandoned is accurate. When USCIS issues an RFE or NOID, it indicates that additional information or clarification is required to continue processing the application or petition. The applicant is given a specific timeframe to respond, usually outlined in the notice.

If the applicant does not respond within that timeframe, USCIS assumes that the application is no longer active, which results in a denial due to abandonment. This abandonment indicates a lack of interest or failure to pursue the application, so it is crucial for applicants to adhere to the deadlines set forth in these notices to avoid this outcome. Therefore, understanding the implications of failing to respond is vital for anyone involved in immigration processes.