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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