Requests for Evidence and Denials at VSC
Posted Apr 16, 2000

AILA receives a large number of complaints with reference to the significant INS delays in typing up and sending out Requests for Evidence (RFEs) and denials. In March 2000, AILA addressed this issue with the Vermont Service Center (VSC). Specifically, AILA asked, what is the backlog with regard to such items? What are the plans, if any, the INS has to resolve this ongoing problem?

VSC officials explained that "the clerical backlog is like shifting sand as we allocate assets based upon Congressional direction, HQ directive, resource availability, receipts, time constraints, and court mandates." Thus, backlogs do move between case types as the INS constantly rearranges priorities to adjust to resource limitations. The Service Center is endeavoring to consolidate backlogs in a minimum number of case types, rather than spreading out delays across the board. In this way, the VSC can show a reasonable processing time in most case types, while other types of applications that are considered to be of lesser priority may be subject to sustained backlogs from time to time.

AILA followed up by asking if this is strictly a clerical problem, or if there are actually delays in INS officers preparing denials and RFEs. The Vermont Service Center has put innovative programs in place to respond to an acknowledged shortage of officers, including a work-at-home initiative, extended building hours, and a Permanent Part Time initiative to increase INS efficiency with the resources available. Ironically, the increased productivity on the part of the INS officers has exacerbated the clerical backlog by producing an increased workload for the clerical staff!

AILA next asked for clarifications regarding the procedures by which an RFE or a denial would go through the system from the point that an officer decides to issue an RFE or deny a case, until the notice is printed out and mailed to the applicant or petitioner.

Once the INS officer has made his or her determination, the case goes to the clerical staff, which processes cases in the order received. Once the notice is produced, it then goes to the Mailroom to be sent out. VSC is currently considering ways to streamline this process. For example, VSC has discussed with the Texas Service Center their system of allowing quick fax back replies for simple Requests for Evidence (RFEs). VSC does not think that such as system is likely to be implemented in Vermont, however, given both limited fax resources and the difficulty of distinguishing between "simple" and "complex" RFEs.

The Law Office of Sheela Murthy, P.C. will continue to keep you posted of developments and procedures at the different INS Service Centers since they affect our clients like you, whether they be U.S. businesses or individuals or Universities.