Investors and their attorneys alike have taken note of a disturbing trend recently:  when USCIS issues a Request for Evidence (RFE), it is oftentimes not received by either party.  Typically, RFEs are mailed in hard copy, and a copy is mailed to the Investor, and a second copy is mailed to the attorney of record.  In almost all cases with I-526 RFEs, the Investor is given 87 days to respond if he or she resides in the United States, and 98 days to respond if he or she resides outside of the United States.   Recently, upon checking the status of a case using the USCIS online portal, the Investor and/or attorney will find that “A Request for Additional Evidence Has Been Mailed,” on a specific date; however, frequently the RFE is never received by either party, including the attorney of record that should receive a copy of all communications from USCIS.  Common protocol is to follow up with USCIS via email, but some have experienced 1) unresponsiveness from USCIS, sometimes taking a several weeks to respond; and 2) the officer responding is unwilling to attach the RFE to the email correspondence without proof the RFE was not delivered, a standard which is impossible to prove given that USCIS mails the RFEs via U.S. Postal Service with no delivery tracking.

Continue Reading I-526 TREND: Delays in Receiving Requests for Evidence