NBC Issued Improper RFEs on Affidavits of Support
Posted Apr 28, 2006
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The National Benefits Center (NBC) advises that it issued improper Requests for Evidence (RFEs) relating to Form I-864 (Affidavit of Support). These RFEs addressed utilizing income earned by the sponsored immigrant while the affiant was not employment authorized. The RFEs stated that such income would not be considered in determining whether the Affidavit of Support requirements had been met, even if the income was reported on a tax return. The NBC now recognizes that these RFEs were issued in error. [More information on the NBC, and cases processed through that service center, is available on the USCIS WebSite. MurthyDotCom also has a page devoted to the NBC.]
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If such an RFE is received, a response should be filed to avoid possible denial due to abandonment. Attorneys receiving these RFEs need to contact the AILA liaison to the NBC, and, of course, file the response before the deadline. We at the Murthy Law Firm appreciate fact that the NBC has recognized and is correcting this error.