I sent in documents after USCIS sent me RFE, but since gotten no approval -- now what?

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

Question:

I sent a visa petition to USCIS several months ago, and got a "Request for Evidence" asking me for more documents proving our family relationship. I sent those in within the 30 days they gave me as a deadline. Now, I'm waiting and waiting. USCIS has neither approved nor denied my case. I think it's been about two months. Is this normal? What am I supposed to do?

Answer:

Delays are, in fact, often "normal" when it comes to U.S. Citizenship and Immigration Services (USCIS) processing of immigration-related applications and petitions. The agency is reluctant to promise any particular timeframe when it comes to responding to RFEs, given that each case is unique and some issues more complex than others.

For example, an application where the person simply forgot to include a birth certificate the first time around will take a lot less time to decide on than one where USCIS asked for evidence of a bona fide marriage (which could mean the applicant has to send in large numbers of documents of his or her own choosing).

Some factors that play into how long it takes USCIS to make a decision on the case include:

-- its current priorities for adjudicating (deciding on) the particular type of case
-- whether you submitted all the information requested, and
-- whether, if USCIS plans to deny the case, the denial has been reviewed by a supervisor.

Most people who have responded to an RFE can, however, expect further action by USCIS within about 60 days. If you don’t receive a response or update within 94 days since USCIS originally sent you the RFE, it's a good idea to call the National Customer Service Center at 1-800-375-5283.

Hiring an attorney is another option, in case your petition is bogged down for complicated legal reasons.

 

 

Talk to an Immigration Attorney

Start here to find immigration lawyers near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO1:DRU.1.6.2.20140813.27175