How Long Do I Have to Give a Response If I Get an RFE

If you receive a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS), you’ll find the deadline for responding at the bottom of the RFE notice. This will tell you exactly how much time you have to gather the missing documents and send them to USCIS.

Typically, you will have about 30 to 90 days to respond, but the exact timeline will be specified in the RFE itself. It’s important to pay close attention to this deadline, as failing to submit the required evidence on time can result in delays or even the denial of your application.

What Does It Mean That My Case is “Ready to Be Scheduled for an Interview”?

When you see the status “Case Ready to Be Scheduled for an Interview” in your USCIS case status, it means the officer reviewing your green card application has not found any major issues with your paperwork so far. This is a positive sign! Your case is now in the hands of your local USCIS office, and there is a low chance that you will receive a Request for Evidence (RFE) at this stage.

However, this status does not mean that your interview will happen immediately. It can still take several months for you to receive an interview notice.

The status “Interview is Ready to Be Scheduled” is the next step that will signal you are very close to getting your interview appointment. Once your interview is scheduled, you will receive a notice from USCIS at least one month before your interview date, giving you time to prepare.

How can I expedite the processing of my RFE response

To expedite the processing of your Request for Evidence (RFE) response, you can follow these steps:

1. Upgrade to Premium Processing

  • If your application is eligible, consider upgrading to premium processing. This service guarantees that your RFE response will be reviewed within 15 calendar days after USCIS receives it. Note that this option requires a fee and is not available for all visa categories.

2. Submit an Expedite Request

  • If you have a compelling reason for expediting your case, you can submit an expedited request. USCIS considers requests based on specific criteria, such as:
    • Severe financial loss to a person or company.
    • Emergencies or urgent humanitarian reasons.
    • Requests that further the cultural or social interests of the U.S.
    • U.S. government interests.
    • Clear USCIS error.

How to Submit an Expedite Request:

  • Contact USCIS: Call the USCIS Contact Center at 1-800-375-5283. Be prepared to provide your receipt number and the reason for your expedited request.
  • Provide Documentation: You may need to submit supporting documentation justifying your request. This should be sent in a single PDF file, ideally no longer than 15 pages.
  • Track Your Request: After submitting, you will receive an expedited service request number to track the status of your request on the USCIS website.

3. Respond Promptly and Thoroughly

  • Ensure that your RFE response is complete and addresses all questions raised by USCIS. A well-prepared response can help facilitate quicker processing.

4. Follow Up

If you do not hear back within the expected timeframe after submitting your RFE response or expedited request, contact USCIS for an update on your case status.

Are there any common reasons for delays after submitting an RFE response

1. Processing Timeframes:

  • After submitting an RFE response, USCIS typically takes 60 days or more to review the case and make a decision. This timeframe can vary based on the complexity of the case and the volume of applications being processed at that time.

2. Complexity of the Evidence Requested:

  • The nature of the evidence requested in the RFE can significantly impact processing times. For instance, if the RFE requires extensive documentation to prove eligibility (e.g., evidence of a bona fide marriage), it may take longer for USCIS to review and assess this information compared to simpler requests.

3. Additional Requests for Evidence:

  • In some cases, USCIS may issue a second RFE if the initial response does not adequately address their concerns. This can further prolong the application process, adding several weeks or months depending on how quickly the applicant can respond.

4. Administrative Backlogs:

  • USCIS often experiences backlogs due to high volumes of applications, which can lead to delays in processing RFEs. This is particularly common during peak application periods or when there are staffing shortages within the agency.

5. Missed Deadlines or Incomplete Responses:

  • If an applicant fails to respond by the specified deadline or submits incomplete documentation, it can lead to denial of the application or require additional time for USCIS to process any follow-up actions.

6. Background Checks and Security Clearances:

Certain applications may be subject to additional background checks or security clearances that can delay processing times. These checks are standard but can extend timelines significantly if issues arise.

What are the possible outcomes after submitting an RFE response

After submitting a Request for Evidence (RFE) response to USCIS, several possible outcomes can occur, depending on the adequacy of the response and the specifics of the case. Here’s a breakdown of what to expect:

Approval of Application:

If USCIS finds your response satisfactory, your application will move forward in the processing queue. This includes potential steps such as background checks, medical examinations, and possibly an interview before a final decision notice is issued.

Further Requests for Evidence:

In some cases, if the initial response does not fully satisfy USCIS’s requirements, they may issue another RFE. This indicates that additional information is still needed to make a determination.

Notice of Intent to Deny (NOID):

If USCIS believes your application does not meet the necessary criteria based on the evidence provided, they may issue a NOID. This document outlines the reasons for potential denial and gives you an opportunity to address those issues before a final decision is made.

Denial of Application:

If your response is deemed inadequate or if you fail to respond by the deadline, USCIS may deny your application outright. A denial notice will provide reasons for this decision and outline any options for appeal or further action.

Extended Processing Times:

Depending on workload and case complexity, it may take anywhere from a few weeks to several months for USCIS to make a decision after receiving your RFE response. If no decision is received within the expected timeframe, it may be beneficial to follow up with USCIS or consult an immigration attorney.

Important Considerations

Monitoring Case Status: Regularly checking your case status online can help you stay informed about any updates or additional requests from USCIS.

Response Quality: The quality and completeness of your RFE response are crucial; inadequate responses can lead to delays or denials.

Legal Assistance: Consulting with an immigration attorney can be beneficial in crafting a strong response and navigating any subsequent steps following an RFE.

Remember, while this stage is a good sign that your application is progressing, patience is key, as there can still be some waiting involved before your interview happens.

How Law and Visas Can Help?

At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for a B-1/B-2 Visa or an E-2 Visa, we handle every step—from preparing your application to gathering the required documents.

Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.

Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.

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