REASONS FOR RFEs
- Thread starter ravan123
- Start date
ravan123
I guess it doesn't hurt to submit "extra" docs even if it can avoid an RFE in 25% cases. My attorneys did not submit the docs asked by INS now but they did ask for tons of other stuff. From their past experience with INS, they keep updating a list of docs to go with 485. My 485 was filed 15 months ago. Maybe now they are sending the tax returns stuff also. I would say all the attorneys should submit this. If INS wants updated docs in some cases, they may do so.
We should also remember that randomly some cases will still be picked for RFE.
I guess it doesn't hurt to submit "extra" docs even if it can avoid an RFE in 25% cases. My attorneys did not submit the docs asked by INS now but they did ask for tons of other stuff. From their past experience with INS, they keep updating a list of docs to go with 485. My 485 was filed 15 months ago. Maybe now they are sending the tax returns stuff also. I would say all the attorneys should submit this. If INS wants updated docs in some cases, they may do so.
We should also remember that randomly some cases will still be picked for RFE.
baven, roran, RD_Sep27
baven,
Did you submit the [1] & [2] with the 485 ?
So far, no one has shot arrows at me - let me try my luck !.
Roran,
Yours is a very good piece of concrete data. This is a pure case of resubmission. Thanks very much.
RD-Sep27,
I agree with you on all the points. I have posted a question elsewhere on the rationale behind INS asking for documents which are NOT REQUIRED to be filed with 485. If W2, paystubs, 1044 etc are being asked to be submitted, why not make it a required submittal along with the 485 ? I am just wondering if it is legal for INS to ask for documents which are not listed as part of the 485 package OR ask to resubmit some documents without any reason- it is just delaying GC cases for some - may be for just 20%.
baven,
Did you submit the [1] & [2] with the 485 ?
So far, no one has shot arrows at me - let me try my luck !.
Roran,
Yours is a very good piece of concrete data. This is a pure case of resubmission. Thanks very much.
RD-Sep27,
I agree with you on all the points. I have posted a question elsewhere on the rationale behind INS asking for documents which are NOT REQUIRED to be filed with 485. If W2, paystubs, 1044 etc are being asked to be submitted, why not make it a required submittal along with the 485 ? I am just wondering if it is legal for INS to ask for documents which are not listed as part of the 485 package OR ask to resubmit some documents without any reason- it is just delaying GC cases for some - may be for just 20%.
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ravan123,
I guessed what you're trying to establish is to determine if it increases the chance of getting an RFE for paystubs if you don't submit it with the I-485 application or vice-versa. I'm reading through your thread and so far, there's not enough info to establish a pattern. I believed what we need is for people to post what they submitted and what docs are being asked on their RFEs.
Example:
I-485:
Did not submit paystubs
RFE:
Received RFE for paystubs.
I guessed what you're trying to establish is to determine if it increases the chance of getting an RFE for paystubs if you don't submit it with the I-485 application or vice-versa. I'm reading through your thread and so far, there's not enough info to establish a pattern. I believed what we need is for people to post what they submitted and what docs are being asked on their RFEs.
Example:
I-485:
Did not submit paystubs
RFE:
Received RFE for paystubs.
CMDRDATA,
EXACTLY.
You have hit the nail.
I don't know if INS uses any scientific [statistical] method to select a 10% sample for random [?] check. From what I understand from Jim Mill's post, that is out of the question. It is pure hunch and it so happens that the RFE cases amount to 10% of the population. It is not that BY DESIGN 10% of the population is chosen as the sample size and a linear / circular systematic and /or stratified sampling scheme is utilized.
If I don't submit certain documents which are being routinely asked by INS for submission via RFEs, then the probabilty that I will get an RFE is 0.2. If I submit those documents with 485, I can possibly halve this probabilty to 0.1 [the 10% random sample].
But from RORAN's data, we find INS has asked for resubmission. Roran's case obviously falls in the 10% random sample category [Assuming INS has not misplaced those documents - which happens not very infrequently] .The question is - are there any assignable causes for this to happen or is it due to pure chance For example, if I my sponsor is IBM, what is the probability that INS will ask for resubmission or that I may fall in the 10% random sample or that I will go through without any RFE/Local Transfer/Interview ?
.There is also another question - did the 80% who will go/went through without RFE/Local Transfer/Interview submit the routinely asked documents at the time of filing the 485 ? If not, why didn't they get RFE?
In other words, does the reputation of the sponsor influence the RFE / Local Transfer / Interview decision ? If INS had used a non-purposive sampling scheme [which is ruled out] for 10% random check, this will not happen. Again, if there is a general agreement within INS on this, reputation may very well influence the decision. How to know this - only from data. For example, we use FORTUNE 100 as a definition of "Good Reputation "
There will be variations among individual adjudicators but if the extent of variation is too wide and many times absurd, then there are very good reasons for concerns and may qualify for a class action. But this is for large law firms [like Rajiv Khanna's] to decide.
The purpose of this thread should be to provide info and extend help to co-adjustees so that the GC process is speeded up for them.
Thanks for your very precise response
EXACTLY.
You have hit the nail.
I don't know if INS uses any scientific [statistical] method to select a 10% sample for random [?] check. From what I understand from Jim Mill's post, that is out of the question. It is pure hunch and it so happens that the RFE cases amount to 10% of the population. It is not that BY DESIGN 10% of the population is chosen as the sample size and a linear / circular systematic and /or stratified sampling scheme is utilized.
If I don't submit certain documents which are being routinely asked by INS for submission via RFEs, then the probabilty that I will get an RFE is 0.2. If I submit those documents with 485, I can possibly halve this probabilty to 0.1 [the 10% random sample].
But from RORAN's data, we find INS has asked for resubmission. Roran's case obviously falls in the 10% random sample category [Assuming INS has not misplaced those documents - which happens not very infrequently] .The question is - are there any assignable causes for this to happen or is it due to pure chance For example, if I my sponsor is IBM, what is the probability that INS will ask for resubmission or that I may fall in the 10% random sample or that I will go through without any RFE/Local Transfer/Interview ?
.There is also another question - did the 80% who will go/went through without RFE/Local Transfer/Interview submit the routinely asked documents at the time of filing the 485 ? If not, why didn't they get RFE?
In other words, does the reputation of the sponsor influence the RFE / Local Transfer / Interview decision ? If INS had used a non-purposive sampling scheme [which is ruled out] for 10% random check, this will not happen. Again, if there is a general agreement within INS on this, reputation may very well influence the decision. How to know this - only from data. For example, we use FORTUNE 100 as a definition of "Good Reputation "
There will be variations among individual adjudicators but if the extent of variation is too wide and many times absurd, then there are very good reasons for concerns and may qualify for a class action. But this is for large law firms [like Rajiv Khanna's] to decide.
The purpose of this thread should be to provide info and extend help to co-adjustees so that the GC process is speeded up for them.
Thanks for your very precise response
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Probably
they have a artificial intelligence software which will go through each application and analyse. For example, this software takes in the company's name, their earnings/profit/No of people in the company , lay off history, applicant's salary, category, country, submitted docs and compares it with the current market/news and tells the officer whether he/she is probably for an RFE/not.
they have a artificial intelligence software which will go through each application and analyse. For example, this software takes in the company's name, their earnings/profit/No of people in the company , lay off history, applicant's salary, category, country, submitted docs and compares it with the current market/news and tells the officer whether he/she is probably for an RFE/not.
Onlya simple update to 485 SOP is required.
Roran,
We don't need an AI software for this nor a knowledge base engine. We only need a simple procedure for this - and the 485 SOP needs to be updated.
I had worked with the FEDs and the MIL - many times some decision making criteria are absent from the SOP but are communicated via internal memos or brieings. So the employees start working with a relatively common understaning. This is precisely what I am trying to find out of the INS for the benefit of the 485 applicants. Just trying to get visibility on how INS works.
Roran,
We don't need an AI software for this nor a knowledge base engine. We only need a simple procedure for this - and the 485 SOP needs to be updated.
I had worked with the FEDs and the MIL - many times some decision making criteria are absent from the SOP but are communicated via internal memos or brieings. So the employees start working with a relatively common understaning. This is precisely what I am trying to find out of the INS for the benefit of the 485 applicants. Just trying to get visibility on how INS works.
Other possible RFE's arise due to human error.
Like in our case where the primary got an RFE for one set (consisting of 2 polaroid photographs in each set) not showing the left eye clearly visible out of the total 3 sets submitted (thank you SEARS photolab for the screw up. Talk about professionalism. They messed it up twice after that when we went for re takes of pictures. Worst of all, they charged us for each sitting stating that they cannot do anything unless the photos are received back from INS) during I-485 application.
Spouse got RFE for incomplete medical report because the Dr.'s assistant forgot to put a tick mark against the column which stated that this "ALIEN" is upto date on all goddamn shots.
Sheesh!!!!!
When confronted about it, the asst. was quick to remark that they did not receive the report from our PPO who administered the shots. When asked as to how they can release a report if the complete analysis is not available, there was no answer. Not even a murmur of apology.
GRRRRRRRRRRR!!!!!
The issue of INS misplacing the package sent as RFE response (due to a typo error in the RFE form) is a whole different story.
So it can be a variety of reasons.
BEWARE of all that you get.
CHECK IT from top to bottom.
Saves your sanity, time, money and energy.
GOOD LUCK to y'all.
Like in our case where the primary got an RFE for one set (consisting of 2 polaroid photographs in each set) not showing the left eye clearly visible out of the total 3 sets submitted (thank you SEARS photolab for the screw up. Talk about professionalism. They messed it up twice after that when we went for re takes of pictures. Worst of all, they charged us for each sitting stating that they cannot do anything unless the photos are received back from INS) during I-485 application.
Spouse got RFE for incomplete medical report because the Dr.'s assistant forgot to put a tick mark against the column which stated that this "ALIEN" is upto date on all goddamn shots.
Sheesh!!!!!
When confronted about it, the asst. was quick to remark that they did not receive the report from our PPO who administered the shots. When asked as to how they can release a report if the complete analysis is not available, there was no answer. Not even a murmur of apology.
GRRRRRRRRRRR!!!!!
The issue of INS misplacing the package sent as RFE response (due to a typo error in the RFE form) is a whole different story.
So it can be a variety of reasons.
BEWARE of all that you get.
CHECK IT from top to bottom.
Saves your sanity, time, money and energy.
GOOD LUCK to y'all.