Expect an RFE – Even If You Included It In Your Petition!

14 Dec 2018

We wanted to alert all of our customers to be prepared to receive potential RFEs, or requests for evidence, even when everything in your petition is perfect. We have had numerous reports of customers receiving RFEs for items that were confirmed to have been included in their petitions, but the USCIS is requesting them anyways. A common example is W2s.

Our assembly team is the most experienced in the country, and for years never had this issue, and then all the sudden, almost every adjustment of status (as well as other petition types) is coming back with an RFE. We aren’t sure what top-down memos have been handed down to direct the agents to issue blanket RFEs, but we have a feeling it is just one easy way the current administration and folks in charge right now can slow the process down, and add a layer of ‘extreme vetting’ that is able to be accomplished without legislation.

The reasons for issuing them is not the point of focus here, we just want our customers to realize this is happening. We are warning customers moving into 2019 to expect an RFE. In fact, if you don’t get an RFE, that should be considered a bonus.

If an RFE is issued, there’s no point in arguing it, or looking for someone to blame, unless you want to waste your time. The best thing you can do is simply give them what they ask for, as quickly as possible. And just realize, this is happening to the majority of cases, even when literally everything they are requesting was already filed in the initial filing.

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