Avoid Negative Effects on Your Processing Time Posted Dec 21, 2007  ©MurthyDotCom It is not at all unusual for Requests for Evidence (RFEs) to be sent by the U.S. Citizenship and Immigration Services (USCIS) regarding pending applications or petitions, as many MurthyDotCom and MurthyBulletin readers know from personal experience. Likewise, requests for the USCIS to reschedule fingerprinting appointments or interviews are not unusual, whether to accommodate travel conflicts or for other reasons. What many such individuals do not realize, however, is just how these circumstances may affect the processing times of their filings. In fact, under current regulations, while the priority date is unaffected by the issuance of an RFE or a request to reschedule a fingerprinting appointment and/or an interview, the processing time may be stopped, or even restarted, depending upon the particular circumstances of each case.  ©MurthyDotCom RFE for Initial Evidence & Request to Reschedule Interview Restart Clock  ©MurthyDotCom Current immigration regulations specify that, whenever the USCIS calls for any required initial evidence missing from the original filing, or when any individual asks that his/her fingerprinting appointment or interview be rescheduled, the processing time for the type of filing in question will start over once the required evidence or request for appointment rescheduling have reached the USCIS. This does not mean that the case will be treated as a new filing or put to the back of any waiting line. It simply means that any required or expected processing time is measured from the receipt of the required evidence, not from the date of the first filing. If, for example, the USCIS accepts an application for an Employment Authorization (EAD) and finds that the required, initial evidence is missing, it may issue an RFE and hold an application until the requested evidence is received. The regulations assert that EADs be processed in 90 days. If an RFE is issued for initial evidence, the 90-day clock will restart only upon receipt of the requisite evidence. Of course, cases also can be denied if filed without the necessary, initial evidence.  ©MurthyDotCom RFE for Additional Evidence Stops Clock until Evidence is Received  ©MurthyDotCom Under the same regulation, if the USCIS issues an RFE for information that is not initial evidence, the processing time stops on the date the RFE is issued. It will resume from the same point it stopped when the USCIS receives the requested evidence or response.  ©MurthyDotCom Conclusion  ©MurthyDotCom When receiving an RFE or requesting a postponement of a fingerprinting appointment or interview, it is important to take into account any repercussions that may affect one's immigration case. If there is any timeframe imposed on the USCIS to adjudicate an application or petition, it is more beneficial to respond to the RFE as soon as possible and to avoid rescheduling appointments, unless absolutely necessary. It is particularly important to avoid rescheduling interviews at local USCIS offices, since there are limited slots available and, since scheduling is generally not a local matter, the slots may be wasted when cases are rescheduled. Rearranging an interview at the local office is something that really should be limited to a true emergency, rather than a simple, routine inconvenience.
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