CSC to Issue RFEs on All Religious Workers I-360 Petitions
Posted Dec 29, 2006
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The USCIS advised in late December 2006 that the California Service Center (CSC) plans to issue "blanket" Requests for Evidence (RFEs) on all recent I-360 petitions filed for religious workers. This applies to I-360 filings made directly with CSC or transferred from other USCIS service centers. The I-360 is filed in connection with a permanent residency case for a religious worker, and should not be confused with the R-1 temporary category for religious workers. This blanket RFE is being issued to assure that all I-360 cases at CSC are complete, with all the required documentation. The CSC advises that the RFE should carry a disclaimer stating that, if the requested documentation is on file, it does not need to be resubmitted.
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CSC Says Do Not Resubmit Evidence Previously Provided
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The RFEs being issued are seemingly blanket and generic in nature. It appears that the files have not been reviewed to determine if the evidence was already submitted. Thus, the CSC is advising that, if all the evidence requested was submitted with the initial filing, the case will not be regarded as abandoned if that evidence is not resubmitted.
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Best to Respond to Each RFE
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Even though the CSC is saying that it is acceptable to ignore the RFE if all evidence is already in the file, this approach would make most lawyers uncomfortable, including us at the Murthy Law Firm. Traditionally, failure to respond to an RFE has been deemed to mean that the case will be adjudicated without the required additional evidence and could result in a denial. We believe it is advisable at least to submit a brief response indicating that all documents were previously provided, and a list of all such documents. If additional evidence is available, and could potentially be helpful, the RFE provides the opportunity to submit that evidence. It is not clear if the CSC will be issuing second RFEs in those cases where initial evidence is provided, but clarification or confirmation is desired.
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Fraud Concerns
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Premium processing was terminated for R-1 petitions for temporary religious workers in late November 2006. This was in reaction to a widespread fraud scheme involving religious workers. While it is not clear if the blanket RFEs from the CSC are related to the fraudulent cases, it is likely that all religious worker cases, both temporary and permanent, will be subjected to additional scrutiny as a result of fraud concerns. Thus, it is best to be able to fully document all the required elements, including training, education, and experience.