USCIS Clarification on Response Time for RFEs/NOIDs Posted Jun 22, 2007 The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs. ©MurthyDotCom The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID. ©MurthyDotCom TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS ©MurthyDotCom Missing or Incomplete Initial Evidence ©MurthyDotCom According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case. ©MurthyDotCom The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing. ©MurthyDotCom I-539 Requests to Extend / Change Nonimmigrant Status ©MurthyDotCom The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond. ©MurthyDotCom OTHER TYPES OF RFE RESPONSES ©MurthyDotCom Evidence Available within the U.S. : 42 Days ©MurthyDotCom If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above. ©MurthyDotCom Evidence to be Obtained from Abroad ©MurthyDotCom If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above. ©MurthyDotCom CONCLUSION ©MurthyDotCom It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial! Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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