Please Read as this might be important for RFE cases

H

Hassaan Aslam

Registered Users (C)
I have been waiting for my approval for a while. I got a RFE for W2\'s, Paystubs and Employement letter in April 01. The RFE was updated on August 14. Yesterday I checked the AVM and it says that "a written decision was mailed in this case on October 20". Most of the time when you hear this message and your application is pending it means that your case is denied. Unfortunatley my case was denied. All this time I was trying to figure out what went wrong. Finally my attorneys got the denial notice from INS today. To my surprise the reason INS gave was that I did respond to their request for evidence. This request was filed back in May and my attorneys have a record of the fed-ex receipt. The AVM was updated after a long wait on August 14. In October my application is denied. I am going to request INS to reopen the case as it is clearly their mistake. For everyone who is waiting for RFE approvals and the AVM is updated my advise would be to double check with INS that they have infact received the Response to RFE.
 
No Title

Well, at least there\'s nothing wrong on your side so you\'ll be able to correct it and get the GC. But it will take additional time :(((.
Maybe you can find a way to ask INS to process this faster than normal, since obviously is their fault.
Good luck and keep us updated.
 
Correction

I meant to say "To my surprise the reason INS gave was that I did not respond to their request for evidence".

Well there is no way I can ask them to expedite the case. All I can do at this point is request to reopen the case. Hopefully it will all workout at the expense of more money and more sleepless nights. How could one acknowledge the receipt of information and still not acknowledge is beyond my understanding.
 
No Title

The sad part is that even if you would have called IIO to check if they received your RFE response, this wouldn\'t made any difference because the IIO would just look in the system, find your RFE response and say "OK, we got it", but still the officer processing your case would have denied the application just because (s)he was incapable to find your RFE response and there\'s nothing you could do.
 
You are right

My attorneys did call before and they were told that the response was received and they should call back in a months time if they dont hear back. They kept calling every two weeks and never once did INS mention the fact about missing documents. I am surprised to see how this immigration officer took a decision without checking their computer to see my history. Lets see what happens next.
 
I had the same problem at I140.

My understanding is you have only 30 days to reply
for this type of issue. Ask your lawyer to file the
appeal immediately. Then call INS higher authorities
and explain the issue. They may approve the case.
But, for any officer to work on your case, there should
be an appeal pending. So first appeal and then talk to
them. If you don\'t appeal with in the time frame, your
case is closed.
 
Thanks GCdream and DocJan

Thanks GCDream for the advice. My attorneys are preparing the paperwork but they need to receive the original notice which I am still waiting for.

DOCJan what is PPS???
 
When were you supposed to reply by?

Really sorry to hear about your case.. its a real pity that INS tortures ppl like this because of their own mistakes..

You mentioned that the AVM was updated by August 14th. When were u supposed to respond to the RFE by? If it was supposed to be before August 14, maybe they looked at it and said that it was received later than requested. Good "execuse" for them..

So probably we need to make sure that the AVM is updated before the "respond by date".
 
RFE Reply

Vine I am not sure how early you have to apply for the RFE. My guess is the sooner the better. I got the RFE in April and I replied in May. Due to the i245 applications and the fact that INS mailroom contractors were on strike the RFE did not get updated in the system until August 14. Finally when it got updated INS still did not consider it when making a decision in my case.
 
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