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The time within which the response to a RFE must be sent is indicated on the RFE. It generally varies between 30 and 90 days. If no response is received within the time indicated on the RFE, the USCIS will process the application without considering the additional evidence, which in most cases means
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The RFE, when used, should be as clear as possible about what types of additional evidence are needed to fill in the gap, and what inconsistencies or problems have been found in the evidence submitted so far. It is not intended for use for the adjudicator's reassurance in cases where there is enough
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The expected processing time for petitions is generally defined as the time till an approval, denial, RFE, or NOID is issued. Therefore, the time taken while waiting for a response from the petitioner is not counted as part of the processing time. After the petitioner responds, the expected
89:: A RFE comes with a list of additional types of evidence needed. A NOID comes equipped with a list of reasons for denial. While the two lists are somewhat related (insofar as a reason for denial translates to a piece of evidence that could overturn the denial) they have different framings.
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The RFE is intended for use in cases where the adjudicator (the person evaluating the petition) believes that there is not enough evidence to approve the petition, but also believes that the petition may be redeemable, and that there is no clear factual or statutory basis for denial.
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evidence to approve the petition. It is sent to, and the response must be sent by, the petitioner (or the attorney representing the petitioner, in cases where the petition is filed through an attorney) rather than the beneficiary.
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The petitioner can "partially respond" by submitting some of the requested evidence. The USCIS will use the partial submission along with the earlier submission to evaluate the petition.
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In cases where the USCIS simply needs answers to a few specific questions (such as a complete translation), it simply issues a
Request for Clarification instead of a RFE.
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83:: The RFE is issued when there is significant uncertainty about whether the petition will be approved, whereas the NOID is generally used when a denial is quite likely.
174:, the expected processing time to a first response (approval, denial, RFE, or NOID) is 15 days, and the time after receiving a response to the RFE is another 15 days.
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When responding to a RFE, the petitioner may attach additional pieces of evidence over and above those explicitly requested in the RFE.
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to petitioners for residency, citizenship, family visas, and employment visas. Examples of petitions for which a RFE may be issued are
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The petitioner can choose not to respond, so a final decision will be based on the original petition. This usually means a denial.
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a denial (because petitions where there was enough evidence to accept should not have RFEs in the first place).
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additional processing time is comparable with the processing time for a complete first application.
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95:: The time given to respond to a RFE is generally greater than that for a NOID.
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documents supporting claims of exceptional ability or outstanding research
286:"Policy Memorandum: Requests for Evidence and Notices of Intent to Deny"
315:"Adjudicator's Field Manual, Sec. 10.3 General Adjudication Procedures"
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RFEs typically request one or more of the following types of evidence:
321:. United States Citizenship & Immigration Services. Archived from
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USCIS Policy and
Procedural Memoranda on Requests for Evidence (RFE)
295:. United States Citizenship & Immigration Services. 3 June 2013
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The following are some key differences between the RFE and the
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The petitioner has only one chance to respond to a RFE,
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The petitioner can submit all the requested evidence.
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periods of current or prior stay in the United States
400:United States Citizenship and Immigration Services
349:United States Citizenship and Immigration Services
264:United States Citizenship and Immigration Services
223:United States Citizenship and Immigration Services
37:United States Citizenship and Immigration Services
345:"How Do I Use the Premium Processing Service?"
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154:The petitioner can withdraw the petition.
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47:(immigrant worker authorization), and
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225:. February 16, 2005. Archived from
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162:Relation with processing timeline
125:educational details or evaluation
170:For petitions that request the
43:(alien worker authorization),
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395:United States immigration law
35:) is a request issued by the
108:Types of evidence requested
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189:Notice of Intent to Revoke
172:Premium Processing Service
116:ability of employer to pay
100:Request for clarification
216:"Interoffice Memorandum"
184:Notice of Intent to Deny
87:Accompanying information
74:Notice of Intent to Deny
63:Related communications
122:prior work experience
93:Time given to respond
68:Differences with NOID
232:on February 20, 2016
81:Likelihood of denial
29:Request for Evidence
18:Request For Evidence
257:"Policy Memorandum"
378:2010-12-12 at the
133:Response protocol
16:(Redirected from
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325:on 21 March 2018
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51:(family visas).
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270:January 16,
236:January 16,
389:Categories
195:References
49:Form I-130
45:Form I-140
41:Form I-129
376:Archived
354:April 4,
329:20 March
299:20 March
178:See also
76:(NOID):
319:USCIS
293:USCIS
289:(PDF)
260:(PDF)
230:(PDF)
219:(PDF)
356:2015
331:2018
301:2018
272:2016
238:2016
33:RFE
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246:^
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27:A
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31:(
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