wantmygcnow
Volunteer Moderator
more info on RFE's
Requests for Evidence (RFEs):
When you file an application for an extraordinary ability(asylum) or national interest waiver green card, the BCIS examiner has two choices--he can approve the application or request additional evidence. When an RFE is sent out, the applicant has 12 weeks in which to respond. Responses to RFEs usually rely on legal arguments to a great extent, in addition to new documentary evidence to satisfy the examiner's requests. RFEs are very common and many approved cases start with an RFE. In fact, when the Nebraska Service Center implemented its NYSDOT interpretation, that center sent identical RFEs to nearly every applicant. RFE's are grouped in broad classes as discussed below.
RFEs which contain reasonable requests: Some, but by no means all, RFEs contain requests for reasonable information. These may ask for more information about journals in which the applicant's publications have appeared, or details about fellowships, awards, or memberships. Sometimes, the examiner simply feels that a bit more documentation is needed to support the statements in the petition letter. This type of request is the easiest to deal with because it is clear what is needed to reach an approval.
RFEs which contain no clear indication of what is required: Quite often, an examiner will get backlogged and will send an RFE which simply tells the applicant to send evidence listed in the regulations, even though this has already been done. The most ridiculous such request that people have received simply said "please send any additional evidence which you think is useful." Needless to say, that application was approved quickly after It was responded. When an RFE of this type is received, it is important to carefully argue that the required information has already been presented. Of course, if any new evidence exists, it is useful to send it in as well.
RFEs which contain minor errors about the regulations or are excessive: Some RFEs will include requests for items which are not mentioned in the regulations. It is best to respond to these portions of the RFEs with clear legal arguments. It is never wise to simply ignore such statements. When an RFE is excessive, it is best to include statements about BCIS processing trends to show that similar cases are being approved. It is also important to provide very well reasoned arguments about why the request is excessive. Such arguments may be based on reasonable assumptions within the field of endeavor, for instance.
RFEs which contain major legal errors: This is a very troubling type of RFE, and unfortunately, it is fairly common. One RFE in an extraordinary ability case included requirements from the outstanding researcher and national interest waiver categories. This type of request must be addressed with aggressive legal arguments showing that a part, if not all, of the RFE is invalid.
RFEs which contain errors about the details of the case: This type of RFE may have the wrong case number or list the wrong profession for the applicant. When this occurs, it is impossible to say if the RFE is actually for the specific case or is intended for another application. Whenever this type of RFE is received it is important to send an inquiry to the BCIS to inquire whether the RFE is indeed for that case.
Requests for Evidence (RFEs):
When you file an application for an extraordinary ability(asylum) or national interest waiver green card, the BCIS examiner has two choices--he can approve the application or request additional evidence. When an RFE is sent out, the applicant has 12 weeks in which to respond. Responses to RFEs usually rely on legal arguments to a great extent, in addition to new documentary evidence to satisfy the examiner's requests. RFEs are very common and many approved cases start with an RFE. In fact, when the Nebraska Service Center implemented its NYSDOT interpretation, that center sent identical RFEs to nearly every applicant. RFE's are grouped in broad classes as discussed below.
RFEs which contain reasonable requests: Some, but by no means all, RFEs contain requests for reasonable information. These may ask for more information about journals in which the applicant's publications have appeared, or details about fellowships, awards, or memberships. Sometimes, the examiner simply feels that a bit more documentation is needed to support the statements in the petition letter. This type of request is the easiest to deal with because it is clear what is needed to reach an approval.
RFEs which contain no clear indication of what is required: Quite often, an examiner will get backlogged and will send an RFE which simply tells the applicant to send evidence listed in the regulations, even though this has already been done. The most ridiculous such request that people have received simply said "please send any additional evidence which you think is useful." Needless to say, that application was approved quickly after It was responded. When an RFE of this type is received, it is important to carefully argue that the required information has already been presented. Of course, if any new evidence exists, it is useful to send it in as well.
RFEs which contain minor errors about the regulations or are excessive: Some RFEs will include requests for items which are not mentioned in the regulations. It is best to respond to these portions of the RFEs with clear legal arguments. It is never wise to simply ignore such statements. When an RFE is excessive, it is best to include statements about BCIS processing trends to show that similar cases are being approved. It is also important to provide very well reasoned arguments about why the request is excessive. Such arguments may be based on reasonable assumptions within the field of endeavor, for instance.
RFEs which contain major legal errors: This is a very troubling type of RFE, and unfortunately, it is fairly common. One RFE in an extraordinary ability case included requirements from the outstanding researcher and national interest waiver categories. This type of request must be addressed with aggressive legal arguments showing that a part, if not all, of the RFE is invalid.
RFEs which contain errors about the details of the case: This type of RFE may have the wrong case number or list the wrong profession for the applicant. When this occurs, it is impossible to say if the RFE is actually for the specific case or is intended for another application. Whenever this type of RFE is received it is important to send an inquiry to the BCIS to inquire whether the RFE is indeed for that case.