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Ombudsman's
Teleconference on RFEs/NOID Issues
Posted
May 04, 2007; updated Aug 16, 2007
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Mr. Prakash I. Khatri, the Ombudsman for the Department of Homeland Security
(DHS) and the U.S. Citizenship and Immigration Services (USCIS), held an
April 24, 2007 teleconference on issues surrounding Requests for Evidence
(RFEs). Open to the public, the purpose of the teleconference was to collect
information on current problems and concerns with the USCIS's practice
surrounding RFEs. Especially in light of the important upcoming changes with
respect to RFE deadlines for response, the Murthy Law Firm elected to
participate in this teleconference. [For more information on the upcoming
changes, our May 4, 2007 MurthyBulletin article,
USCIS
Regulation on Response Time for RFEs and NOIDs, available on
MurthyDotCom.]
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Office of the DHS / USCIS Ombudsman
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The DHS / CIS
Ombudsman provides recommendations for resolving individual and employer
problems with the USCIS. He also identifies recurrent problems in USCIS
practice and the effects these have on customers, thereby making
recommendations for improvement to the USCIS.
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RFE Complaints against USCIS
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RFEs are a source of many complaints and problems at the
USCIS, second only to delays due to FBI name checks. Some of the most common
problems with RFEs include requests for information already submitted,
including requests for duplicate documents because they are missing some
information. RFE requests in such cases do not provide an explanation of
exactly what information is missing. For example, if the USCIS receives an
application with Form W-2 attached to it, and this form does not contain an
address, the USCIS will issue an RFE for another W-2 without specifying that
it should include an address.
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In addition to current issues, RFE procedures will undergo a significant
change that is effective as of June 16, 2007. As reported to MurthyDotCom
and MurthyBulletin readers in the article cited above, the USCIS will
have flexibility in setting an appropriate length of time for petitioners
and applicants to respond to RFEs and Notices of Intent to Deny (NOIDs).
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Possible RFE Solutions Addressed during Teleconference
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Specific recurrent problems and possible solutions discussed during the
Ombudsman's teleconference included the following.
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How does one obtain clarification on an RFE?
Problem : It is difficult for the
petitioner or applicants to contact the USCIS Service Center which
issued an RFE to obtain more information or clarification with regard to
the RFE.
Solution : According to the
Ombudsman, the national customer service line will be modified and
improved to provide better access to case information.
Will the USCIS issue online RFEs for online
filings?
Problem : Some petitions and
applications can be filed online with the USCIS, but the RFE still comes
via regular mail.
Solution : The Ombudsman indicated
that he would recommend to the USCIS that all RFEs issued for online
cases, should be sent via eMail or fax.
How can we avoid RFEs for duplicate documents?
Problem : RFEs are often issued for
duplicate documents.
Solution : It is advisable to
provide a complete list of documents submitted with a petition or
application so that the USCIS has a record of a complete case. This may
reduce the number of RFEs issued for duplicate documents.
Can USCIS simplify some cases by calling instead of
issuing RFEs?
Problem : RFEs take a long time,
while some of them request information that could be easily faxed or
eMailed. To facilitate expedited processing of cases, the Texas Service
Center (TSC) has adopted a helpful initiative reported by some of the
immigration attorneys who participated at the teleconference. More
specifically, adjudicating officers at the TSC determine if missing
information can be requested without issuing an RFE. If it can be, then
they simply call attorneys and/or applicants to request the simple
document or check be sent to the TSC by fax or mail.
Solution : The Ombudsman indicated
that he would recommend to the USCIS that other service centers follow
this procedure.
Questions Posed to Ombudsman by Murthy Law Firm at Teleconference
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While we are genuinely concerned about current problems with RFE issuance
and the adjudication of cases that have been issued RFEs, we are also
concerned about the new flexible timelines that the USCIS will start
implementing on June 16, 2007. Therefore, we asked the following two
questions.
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Q : Will the USCIS take into account what seems to be mailroom problems
(mail taking weeks to be sent and not reaching clients on time or at all)
when changing to the new flexible time rule? If a petitioner or applicant
has a limited time to respond to the RFE and s/he does not receive the RFE
until a few days (or even weeks) after it was issued, then it may be
impossible to respond to the RFE within the required timeframe.
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A : The Ombudsman
promised that he would look into mail-related problems to streamline this
process.
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Q : How will the
USCIS assess proper timeframes for any particular RFE? Some documents are
easy to collect (like photographs) and will not require a long time, but
some may be more difficult to produce (like documents from another country).
Where will they draw the line in determining a timeframe to assign to a
particular case?
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A : The USCIS is
currently working on a unified system to address these potential problems.
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Conclusion
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While concerns over RFE
issuance are abundant, the Ombudsman's teleconference on RFE problems is an
important step toward streamlining the overall process. With the involvement
of others, as well, we at the Murthy Law Firm intend to play a part in
making it easier to comply with USCIS policies and procedures, in an attempt
to arrive at smoother and more equitable case processing.
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