RFE issued, Attorney is not cooperative, want to change attorney

smala

Registered Users (C)
Hi Guys,

If I want to change attorney after RFE is issued before replied to RFE. Is INS going to say any thing about change.
What kind of problems would I get from INS.

For some reason my souse is working from home for last 10 months. Attorney is asking for drivers license(my spouse changed drivers licence to state where we live), credit card bills, meidcal bills, isurance etc to prove that spouse is living there. Is it safe to change address now.
Spouse is still keeping the old address for INS correspondence.

Please advise.
 
Reply

Hello ,

I believe you can change the attorney by submitting another I-29 form from your new atty.

But , If the REF has to do with your address, or location check then probably whatever your atty. asks might be correct. The reference letter would indicate what exactly the INS needs.

(This is just my understanding by reading and hearing from different people)

Thanks
 
In my opinion, you can certainly hire a new attorney at any stage of the GC process. But are you sure that the new attorney will not ask you for the same documents that you are so worried about giving to your current lawyer.

As I understand the INS has issued you an RFE to clarify an address-related question. To establish your address with any agency and not just with the INS, you need proofs such as Driver's License, Utility or Credit Card Bills, etc. So the lawyer is just doing his job. If your spouse's address has changed since the filing of your I485 petition, why do you have a problem updating it with the INS? If you don't offer enough evidence to satisfy the INS they might decide to issue you another RFE. You are in the final stages of this GC process, so don't take any hasty decision or unnecessary risks. Discuss your concern with your lawyer and if there is some problem he is the most qualified person who can get you out of the mess.
 
RFE is "Request for Further Evidence".

Just before INS rejects an application, they give the applicant the reason why they are considering to reject and offer a chance for the petitioner to tell them why the petition should not be rejected. Normally the petitioner has about 90 (not sure) days to respond. It's better to respond ASAP.
 
RFE

DFKJ45,

RFE stands for "Request For Evidence". When a case is ready for adjudication TSC will assign the case to a Officer. This officer will go thru your case or file and if he has any questions or concerns or needed additional information or documents, he will generate this RFE. RFE is a letter that the attorney or applicant receives from INS or BCIS telling you what aspect needs to be justified for INS or BCIS so that they can approve the GC.

--- Only some of the cases or applicants gets RFE....Not ALL..
--- Following this forum for a while many cases that got RFE - was also appoved.

So getting an RFE is not something to be worried about as long as the applicant is able to provide the needed documents to justify the Query so that GC can be issued.

P.S: This is just my understanding, there are other folks in this forum who might be knowing more about this and might be able to add more to this.. Just hang in there and keep praying for smoother process..

ND: 11/2001
FP:02/01/2003
AD:?

:)
 
Thanks immi555 and bajis for the replies.

For my case, the RD is Aug. 1, 2001, and NT is Sep. 19, 2001. As you know, it is significantly pass the projected due date and later than that of most of you.

The IIO simply told me to wait for my turn and I thought it has been my turn for quite a while already.

What could I do?
 
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