Notice of Potential Interview Waiver Case

[dengzhe 0]

What is RFE?

[D + B 5]

What is RFE?

A RFE is a "Request for Evidence"

It's when the Immigration Officer reviewing your case decides they need more information before they can approve or deny your case.

In my case, the officer decided that our medical was over a year old and is requesting us to get a new one. That, or they couldn't "find" the information we sent in.

Edited January 16, 2015 by D + B

[Pat80 12]

Just got response from my online service request in Mail today. No hope since I've seen the envelope showed it was sent from Boston Office (my USCIS) not National Benefit Center. The answer is :

"Your application is still pending consideration. We regret that we are not able to give you a timeframe for when we will complete the review of your application"

Very fast respond but useless!! I don't even know where my case is????? no responsibility on their fault at all

[Pat80 12]

Well, RFE arrived today, and add us to the having to get a new medical club.

Screaming has now commenced!

Also, odd question that someone may have an answer to: do all RFE responses go to Philly? Or does that mean our case is being handled there?

Mine expired also, I had medical exam in Thailand in August 2013. No RFE so far as they haven't even touch my case. I guess after you send the new medical, you will get GC within 2 weeks. At least you have hope, they look on your case. I have to wait for infinity.........

Good luck

[D + B 5]

Mine expired also, I had medical exam in Thailand in August 2013. No RFE so far as they haven't even touch my case. I guess after you send the new medical, you will get GC within 2 weeks. At least you have hope, they look on your case. I have to wait for infinity.........

Good luck

God, I hope it only takes two weeks after sending in the new medical! But being the cynical person that I am, I'm sure its going to take the 90 days. So, I'm going to go ahead and get all the documents ready to renew his EAD and AP at the end of Feb.

Have you contacted any of your congressmen yet? If not, find the one most poised on immigration reform and go for it. At least if you do that, there should be some type of movement, or so I've seen from the posts around here.

I'm in the process of writing to all of mine, just to voice my disappointment in this whole process. The problem with immigration is that the system is just broken. It needs to be re-worked and more transparent. Like actually know which office is handling your file.

Good Luck with yours, and hopefully you'll see the "congrats" soon!

[Pat80 12]

God, I hope it only takes two weeks after sending in the new medical! But being the cynical person that I am, I'm sure its going to take the 90 days. So, I'm going to go ahead and get all the documents ready to renew his EAD and AP at the end of Feb.

Have you contacted any of your congressmen yet? If not, find the one most poised on immigration reform and go for it. At least if you do that, there should be some type of movement, or so I've seen from the posts around here.

I'm in the process of writing to all of mine, just to voice my disappointment in this whole process. The problem with immigration is that the system is just broken. It needs to be re-worked and more transparent. Like actually know which office is handling your file.

Good Luck with yours, and hopefully you'll see the "congrats" soon!

Thank you D+B, Yes I contacted my congressman since last Monday...still no respond from his office. That's why I am hopeless now. I had my friend got RFE asking for police clearance because her fingerprint couldn't be read, after she sent back, she got GC approval in 1 week. So I think you would be fine as well.

[soapface 16]

I requested assistance from our Congressman the other day about my I485 which has been pending for almost 4 months now. Just today while Im taking lunch I receive an email from the Congressman's office regarding USCIS reply on my I485 and here it goes:

From USCIS National Benefits Center Congressional Unit:

Good morning Andrew,

A review of our systems shows Case MSC14917******, A# A2061*******, DOB 11/*******, Form I-485, filed by Mun************* was received on 9/24/14. This case has been identified as a possible interview waiver case and is currently being held at the NBC pending a field office review. The interview waiver cases are being shipped to the local USCIS field offices based on field office capacity. At this time the processing time is approximately 9-12 months.

I hope this information is helpful.

Thank you,

Congressional Unit

U.S. Department of Homeland Security

National Benefits Center

I am praying and hoping that it will not take that long but I wouldn't be surprised anymore at least now I will just have to wait. To be in this predicament is really not easy and has been very depressing. According to our congressman's office staff applicants who didn't receive RFE's are best candidate for interview waivers as they met the criteria set forth by USCIS. If only I knew this is the case I could have not complete the documents needed so Il get an RFE...there could have been a possibility that my GC is already okay by now.

Life is really life....good luck and to those who are same with my case...Welcome to the club

9-12 months from filing, or from the NPIW letter? At this point I would be pleased if I knew it was only going to take 12 months from filiing. Almost at 10 months already and no end in sight.

[kc247 22]

I just want to get mine before my EAD/AP comes close to expiring (06/02/15), and my drivers license expires then...I'd rather get it renewed with my greencard so it doesn't expire a year later if I have to renew it with a new EAD card.

[mmanginsay 5]

I'm assuming 9-12 months starting today...

Well this is what USA is all about... I guess illegal immigrants can't blame me if I am against on the Executive Action because of what I've been through. I went thru legal way and I have to endure all of this mess.

[tcgator 1]

While I agree that patience is a virtue and it's often not worth getting too deep in frustration over individual cases, I think the more people that push back against USCIS and escalate their issues, the better. Their processing goal for I-485s is 4 months, and this is nowhere near being met in many cases. USCIS has a commitment to process cases in a timely fashion and, again, this is something that is just not happening for large numbers of people.

Along with a lack of capacity, the arbitrary manner in which cases are adjudicated results in vastly different service levels for different filers, all of whom have invested a lot of money and energy. Through no fault of my own, other people who filed on the same date as me, and paid the exact same sum of money as me, may be granted permanent residence months or even a year or more ahead of me. That's not an isolated incident, it's routine, and the implications are very real. These people can apply for citizenship much earlier, access federal student aid, hold federal government jobs, buy property with much fewer restrictions, the list goes on. No matter how much you can do without a green card, not having one is a hindrance.

There's always going to be cases that require extra processing or that get held up at certain points, and that's fine. But instead, what we have now is wide-ranging delays across the board, without any guidance on realistic processing times, without any ability to access accurate information and without any promise that the situation will be resolved.

I personally am not all that fussed about a longer wait, but I absolutely understand anyone that is and I applaud them for their efforts in trying to get answers or resolutions that could benefit all of us.

Well said!!!

Yes, while AP/EAD is great, the delay in being able to apply for citizenship or having the actual greencard is a huge hindrance to some people. My husband is an aerospace engineer and cannot get a job in his field due to ITAR restrictions which require a greencard. Furthermore, most jobs in his field require US Citizenship, so this is delaying his career and salary opportunities.

The lack of any accountability is really what gets me. We paid over $1000 and have reasonable expectations of expediency, but we are just told to be patient. It's completely unreasonable. I agree that we need some sort of platform to voice our concerns as a group. There's power in numbers.

[nlherman 36]

Well, RFE arrived today, and add us to the having to get a new medical club.

Screaming has now commenced!

Also, odd question that someone may have an answer to: do all RFE responses go to Philly? Or does that mean our case is being handled there?

No, all RFE's do not come from or go to Phily. RFE's that arrive early in the process are from the result of the initial screens at NBC (as are the seclection of the elite few who get interviewed and quick GC's). The fact that your RFE comes from the Philadelphia Field office strongly suggests that that is where your case is now being processed (i.e., it's no longer growing mold in MO) and when they get your new medical, it will be where it is adjudicated. It also might explain why there is a hit or miss situation with regards to Medical Exam dates - some field offices are sticklers for the letter of the regulation (one year) and others are not.

Edited January 17, 2015 by nlhernan

[Derwood 203]

Well, RFE arrived today, and add us to the having to get a new medical club.

Screaming has now commenced!

Also, odd question that someone may have an answer to: do all RFE responses go to Philly? Or does that mean our case is being handled there?

This is an absolute disgrace. I'm furious for you. I think you should write a letter of complaint to the Philadelphia office manager (Angela Klapakis).I would start with the line "I am currently taking action to comply with the RFE you sent me" so they don't decline your whole petition out of spite. I would then lambaste them about how long the USCIS have had then case, how it's not your fault that the medical has expired and how other people in the same situation have had not had to do another costly medical.

I would also be selecting some of GiuseppeG's well-written sentences and including them in the letter.

What a complete joke this all is.

While I agree that patience is a virtue and it's often not worth getting too deep in frustration over individual cases, I think the more people that push back against USCIS and escalate their issues, the better. Their processing goal for I-485s is 4 months, and this is nowhere near being met in many cases. USCIS has a commitment to process cases in a timely fashion and, again, this is something that is just not happening for large numbers of people.

Along with a lack of capacity, the arbitrary manner in which cases are adjudicated results in vastly different service levels for different filers, all of whom have invested a lot of money and energy. Through no fault of my own, other people who filed on the same date as me, and paid the exact same sum of money as me, may be granted permanent residence months or even a year or more ahead of me. That's not an isolated incident, it's routine, and the implications are very real. These people can apply for citizenship much earlier, access federal student aid, hold federal government jobs, buy property with much fewer restrictions, the list goes on. No matter how much you can do without a green card, not having one is a hindrance.

There's always going to be cases that require extra processing or that get held up at certain points, and that's fine. But instead, what we have now is wide-ranging delays across the board, without any guidance on realistic processing times, without any ability to access accurate information and without any promise that the situation will be resolved.

I personally am not all that fussed about a longer wait, but I absolutely understand anyone that is and I applaud them for their efforts in trying to get answers or resolutions that could benefit all of us.

Excellent post, GiuseppeG. Well constructed and very articulate. I hope you will be on the phone to the USCIS Director on Thursday too. This is exactly what needs to be said to him.

[Pat80 12]

Hi guys,

I'm wondering if you have ever seen any I 485 who received NPIW and get denial decision at the end?

I know that if we get denial during outside the US, we will not be allowed to get back with AP. I plan to fly next week but still not 100% sure that there will be no problems at all. It's really hard to predict when they will look at my case.

[nlherman 36]

God, I hope it only takes two weeks after sending in the new medical! But being the cynical person that I am, I'm sure its going to take the 90 days. So, I'm going to go ahead and get all the documents ready to renew his EAD and AP at the end of Feb.

Have you contacted any of your congressmen yet? If not, find the one most poised on immigration reform and go for it. At least if you do that, there should be some type of movement, or so I've seen from the posts around here.

I'm in the process of writing to all of mine, just to voice my disappointment in this whole process. The problem with immigration is that the system is just broken. It needs to be re-worked and more transparent. Like actually know which office is handling your file.

Good Luck with yours, and hopefully you'll see the "congrats" soon!

I hope your immigration reform minded congressman is more helpful than mine. Mine is at the forefront, but her immigration staffer simply states that the immigration system is broken because there has been no imigration reform (I wiil defer stating my opinion here). He basically plays Pontius Pilate (i.e., he washes his hands of our plight) using this excuse in every discussion we have when he ever returns my calls (which is rare)...

9-12 months from filing, or from the NPIW letter? At this point I would be pleased if I knew it was only going to take 12 months from filiing. Almost at 10 months already and no end in sight.

We have been assured by my Senate office that the reading of that statement is 9 - 12 months from receipt of the application or NOA1, not NPWI letter date...But as GiuseppeG writes, the arbitary nature of the decision making process by USCIS makes some people wait a lot longer for no apparent reason other than that they can...Back when we applied 10 moons ago, our lawyer talked about a case that took over three years to adjudicate to approval. At the time I said, not us. But now...hmmmm...

Hi guys,

I'm wondering if you have ever seen any I 485 who received NPIW and get denial decision at the end?

I know that if we get denial during outside the US, we will not be allowed to get back with AP. I plan to fly next week but still not 100% sure that there will be no problems at all. It's really hard to predict when they will look at my case.

In my reading of this thread and numerous other threads and other blogs, I have not seen or heard of any AOS cases resulting from a K1/K3 visa being turned down from NPWI status without an interview. The length of the wait makes all of us have the concern of possible denial at least once a week (or day or hour or minute). You have due process rights to a fair hearing; if they have any doubts at this later stage after the initial screen culled off the immediate interviews for suspect reasons (and quick GC's as GiuseppeG s eloquently alluded to), they have to interview you...

The other feeling that also floats around that is even more concerning to us is: have they simply lost our case...If you think of the mountains of paperwork that are stockpiled at NBC...wow...it concerns me; though probably unjustified...

[ggsacks 82]

Excellent post, GiuseppeG. Well constructed and very articulate. I hope you will be on the phone to the USCIS Director on Thursday too. This is exactly what needs to be said to him.

I just looked up the time and unfortunately I'll be working, but if there is anyone from here voicing concerns, please feel absolutely free to use my words, verbatim or otherwise!