Reason for RFE

R

ravan123

Registered Users (C)
I have read many postings on many sites which say RFE received for paystubs, w2, tax, employment letter, company tax etc.

Does this mean that these documents were not submitted with the 485 application ? And that those who submitted these documents will not get RFE at least for these documents?

There are not enough info on the posts re: this. The posts mostly say what RFE was received but not if those evidence were provided at the time of filing the 485. For example, if the RFE was for W2s, were W2s submitted along with the 485 application?

If INS is generating such RFEs regardless of whether these evidences were submitted previously then possibly INS is looking for some sort of continuity. If so, does INS do this uniformly or for selected cases where for example the future employer may not be financially stable.
 
Generally, INS does not ask for information that was submitted with the original filing. I have seen them do so though. I can't say whether they were looking for continuity or whether they merely misplaced the documents.
 
Jim,

Thanks for your short but excellant response.


Generally, INS does not ask for information that was submitted with the original filing.
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This would make good sense on the part of INS !


I have seen them do so though.
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Possibly statistical outliers ? and can ignore them ....

whether they merely misplaced the documents.
Click to expand...

This has no prejudice for the 485 application per se. But such cases are possibly also a statistical outlier.

How do we explain tons of EB 485 cases getting approved without any RFE / interview ? These applicants had submitted all relevant documents and their sponsor is financially stable ?

It is my understanding that many 485 applicants filed it by themselves and likely some missed some documents and INS is generating RFEs - this would make sense.

However, I understand that W2, 1040, paystubs etc are NOT REQUIRED to be submitted with the EB 485 application. If INS will routinely ask for these documents, why aren't they REQUIRED to be filed with the application? May be that is how INS works and 10 years later it will be so ! Or is it that by the time INS starts adjudicating a case it is nearly a year and thus INS checking ..[what ?]

I am trying to recognize a causal pattern for EB 485 cases approved without RFE/interview vs RFE generated / Interview called. The 485 SOP does not provide any guidelines for generating RFEs, though it mentions "Interview Wiaver" criteria.
 
Most of the immigration officers working on cases at the service centers are not rocket scientists. Some have limited experience. These are relatively low level government employees and many of them are not terribly excited about adjudicating another I-485.

Like everyone else. even attorneys :), there are good ones and bad ones. The immigration officers also seem to have somewhat different ideas about how to adjudicate a case and what is important.

Different people adjudicating different cases at different times leads to different standards in some cases and also sometimes different results o\in cases that appear factually very similar.
 
Hi Jim,

You summed it up so well. It cannot be explained in any better words. I wish everyone reads your post.

Good job Jim:)

Regards,
 
Jim,

Superb response ...

I assumed certain things about INS. I had earlier worked for some FEDs and MIL and I was impressed.

I agree that there will be individual variations but the variations that are being observed are SO WIDE that they are reasons for major concerns. If INS is even minimally procedure driven, such wide variations would not exist. May be lack of training of the IIOs or what ?

What does the law say about INS asking for documents which are NOT REQUIRED as part of the 485 submittal or asking for resubmission without giving any reason ?

Thanks for sharing your insights...
 
I've had INS ask for documents that they were not entitled to. Sometimes I just supply the documents, and sometimes I tell them to go to Hell and that they are not entitled to those documents. The trick is to only tell them that they are not entitled to the documents when you are absolutely positive that you are correct and then explain to them why they are not entitled to the documents. I've done it successfully but it takes a long time to research and draft the letters. Sometimes it's easier to send the documents and make the examiner happy.
 
Jim,

Again superb.

Your approach is pragmatic rather than "What ought to be" ...

I wish the AILA looks into this matter of INS delaying GC by asking for documents they are not entitled to or asking for resubmission of already submitted documents without giving any reason - which is not an exception but has now become a rule... could there be a case of possible class action ?
 
AILA has. The problem is that there is a continual turnover of adjudications officers (either through promotion, transfer, resignation or termination) and new officers need training. There are also many different types of visas and filings and officers sometimes confuse the requirements or are not thinking clearly when they issue RFEs.

I usually take the easy way out and send the documents that they ask for unless there is a reason why I can't. BTW, I even did this when I was in house counsel so it has nothing to do with being paid a flat fee for handling a case. :)
 
Question on I-140...please advice

Jim,

What does the INS look for in I-140 docs in such as company financial statements, tax filings etc? What would make them say "Okay - this company will not have the ability to pay the applicant" and drop the case?

I am just trying to figure out what the logics are and what are safe things to assume. Not many companies are profitable these days. Most have been going through losses for the past couple of years. Does it mean that I-140 applications from these companies will hold any strength??

I've been seeing your responses and felt that they are very well said. Hence I am asking this question.

THanks
 
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