Late RFE Submission

[MyNameIsEarl 13]

Hi, I have a question. I received a rfe after my ROC interview. The rfe copy mentioned the rfe should be submitted by Feb,22nd and the case will be denied if not submitted in time.

 

USCIS sent the ROC to my attorney's office and his office forwarded me the copy and asked me to wait a call from attorney for action plan on 24th Jan. He never called and I reached out few times but no response. So I collected all the documentation(took me a few days) and ready to submit myself and noticed their office. Then the attorney responded and asked me to bring the documentation and they will mail it to uscis after a quick review. Went to his office and handed over the documentation on Feb, 9th morning. From that day onwards, I called and emailed the office 25 times, argued with them and finally asked them not to submit mine and I will do it by myself. They always said, we are mailing it today and finally sent it on Friday (18th) morning using usps priority service, sent me scanned coppies and tracking details which says the package will be delivered today.

 

But the package is not delivered today. If the reason is someone at the uscis office has to sign it, looks like the next possible delivery date is 22nd which is the deadline. In case, usps misses it on 22nd is my case will be automatically denied or because I sent it on 18th and usps delivery service mentioned they will do it by 19th I should be okay?

 

If they are going to deny in the above scenario, am thinking to print all the copies again and take it to uscis office and hand it to them on 22nd if usps doesn't deliver by 2 or 3 pm.

[Mike E 11,739]

4 minutes ago, MyNameIsEarl said:

But the package is not delivered today. If the reason is someone at the uscis office has to sign it, looks like the next possible delivery date is 22nd which is the deadline. In case, usps misses it on 22nd is my case will be automatically denied or because I sent it on 18th and usps delivery service mentioned they will do it by 19th I should be okay?

https://www.uscis.gov/about-us/uscis-response-to-covid-19
 

We will consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if we issued the request or notice anytime from March 1, 2020, through March 26, 2022: 

• Request for Evidence;
• Continuation to Request Evidence (N-14);
• Notice of Intent to Deny;
• Notice of Intent to Revoke;
• Notice of Intent to Rescind;
• Notice of Intent to Terminate regional centers; and
• Motion to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

You will be ok.  But do maintain your sense of urgency. 

[MyNameIsEarl 13]

4 minutes ago, Mike E said:

https://www.uscis.gov/about-us/uscis-response-to-covid-19
 

We will consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if we issued the request or notice anytime from March 1, 2020, through March 26, 2022: 

• Request for Evidence;
• Continuation to Request Evidence (N-14);
• Notice of Intent to Deny;
• Notice of Intent to Revoke;
• Notice of Intent to Rescind;
• Notice of Intent to Terminate regional centers; and
• Motion to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

You will be ok.  But do maintain your sense of urgency. 

Thanks, Mike. This helps, can sleep tonight..lol. I was worried, actually thinking about submitting duplicate copy of rfe.

[mindthegap 2,590]

As above, you *should* be ok because of the covid extension policy, but in this case it appears to be by luck rather than judgement. 

 

I think you should maybe look into a different attorney… one who acts on your instructions as the client, not the other way around, and when required.

If not, what are you paying them for? 

[Rocio0010 5,579]

This is the exact reason why I don’t trust attorneys: nobody is as invested in your case as you.