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How to respond an RFE?


Some of my current immigration clients come to my office with a letter from USCIS, where they are being ask for more information before deciding on their case. This is what is known as Request for Evidence (RFE). RFE’s are a widely used strategy by USCIS. If you receive one, you shouldn't be alarmed. Many times, the reasons USCIS sends you a request is because when the process was sent, not all the required evidence was sent or because USCIS needs more information to make a decision. If the process is properly prepared from the start, a request should not be received, however, many times USCIS needs more information than what is provided, and therefore requests it. As I mentioned earlier, don't be alarmed when you receive a request. The good news when you receive a request, is that USCIS is ready to make a determination about your process. It is necessary to read the requirement well and determine what is being requested. If it's a document you've already submitted, don't start a useless fight with USCIS, resubmit it. That is why I always advise sending copies of documents, and not originals. The golden rule to follow when responding to a request from USCIS is that you must comply with the time granted. The times to respond to the requirements can be 30, 60 or 90 days. As soon as you receive the request, contact your attorney to begin gathering the necessary information. If you do not respond before the required time elapses, USCIS will dismiss your case and deny the requested benefit. If this happens, you must file a new process, with the corresponding filing fees. Therefore, always go to your lawyer upon receiving the request, and in the shortest possible time. In the event that you cannot respond in time, it will be necessary to request an extension. If you request an extension it will be necessary to explain the reasons why the requirement cannot be met. USCIS may deny the process and order you to file it again once you have the required evidence; or it could extend the time to deliver the request. Once you have all the information requested, it should be sent to the address that USCIS has provided in the request. If you send it to another, your process may be denied. Another matter that is extremely important: answer the request completely. Send all the information requested and in one go. Even if it seems to you that what USCIS is requesting is not necessary, either you have sent it previously, or you have part of the documents, but not all; answer the request only once. Do not send the information in parts. If you submit the information in parts, upon receipt of the first part USCIS may assume that you will not respond to the entire request and will terminate your process. Even if you don't, the documents you send could be lost, and never become part of the file. Therefore, avoid problems and send all the information at once. If you have had a request from USCIS, don't wait a day. The faster you act, the faster your process will resolve. Call us today At Y. Morejon Attorney, P.A. we can help you with your immigration case. The first consultation is free. Here, your problem is our problem.

Legal Disclaimer Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.


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