Dealing with slow USCIS processing after subsequent evidence was sent in responding to an RFE.
In the course of submitting immigration-related applications to U.S. Citizenship and Immigration Services (USCIS) it's common for applicants or their sponsors to hit a roadblock: the RFE. This means that USCIS felt it couldn't approve (or deny) the application right away, but instead has sent a "Request for Evidence," typically asking for more documents proving an element required for application approval. USCIS typically gives 60 days as a deadline.
Let's imagine, for example, that you are a U.S. citizen who sent an I-130 family-based petition to USCIS months ago, to help your spouse and children get a U.S. green card. Weeks later, your received the RFE by mail, asking for a more official copy of your marriage certificate. You dutifully sent this in before the deadline. Now, you're been waiting and waiting. USCIS has neither approved nor denied the case. Is this normal? What are you supposed to do? This article will discuss just that.
Typical USCIS Processing Times After Someone Responds to RFE
Delays are, in fact, often "normal" when it comes to USCIS processing of immigration-related applications and petitions. The agency is reluctant to promise any particular timeframe when it comes to responding to RFEs, given that each case is unique and some issues more complex than others.
For example, an application where the person simply forgot to include a birth certificate the first time around will take a lot less time to decide on than one where USCIS asked for evidence of a bona fide marriage (which could mean the applicant has to send in large numbers of documents of their own choosing).
Some factors that play into how long it takes USCIS to make a decision on the case include:
- its current priorities for adjudicating (deciding on) the particular type of case
- whether you submitted all the information requested, and
- whether, if USCIS plans to deny the case, the denial has been reviewed by a supervisor.
Most people who have responded to an RFE can, however, expect further action by USCIS within about 60 days.
What If the USCIS Processing Time Seems Ridiculously Long?
If you don't receive a response or update within 94 days since USCIS originally sent you the RFE, it's a good idea to reach out to the USCIS Contact Center at 1-800-375-5283.
Set aside some time for this task. You'll be dealing with a system that tries to screen out all but the most urgent requests, and getting to a live person is all but impossible on your first try. The more likely scenario is that you will have to leave your number for a call-back. It's a good idea to start the process early in the day, on a day when you'll be mostly reachable.
Hiring an attorney is another option, in case your immigration petition or application is bogged down for complicated legal reasons.
