*sigh* RFE

[rebeccajo 14]

USCIS can do whatever they want. Never assume they will be satisfied with the information you have sent in. Check your case status and follow up if need be. Stuff does get lost in the mail or sorting room, and sometimes (but rarely) the stuff you sent in (that seemed fine to you) isn't fine with them.

They are under no obligation to send a second RFE. So just stay on top of your case.

That is hardly the case. Some people like to paint this draconian picture of the USCIS as if all involved were devils out to screw with everyones' lives. There are rules and regulations and USCIS is absolutely constrained by what they can and cannot do. It's a categorical fact that USCIS cannot do "whatever they want". USCIS will be the first ones to say they can't do whatever they want.

I will admit rebeccajo offers some good advice about following up to make sure they received what they're requesting. Things do get lost and mis-filed from time to time, so it won't hurt to be pro-active and follow-up.

USCIS is not draconian, but relative to most of today's world, it is technologically challenged. So again, please don't re-interpret my post.

And yes.........they can do whatever they like - within the bounds of the law. That includes offering up a denial when a case falls through the cracks if it is considered abandoned. They have POLICY (which fluctuates) that dictates things like RFE response time and procedure, which differs from the LAW.

[SirLancelot 1]

USCIS can do whatever they want. Never assume they will be satisfied with the information you have sent in. Check your case status and follow up if need be. Stuff does get lost in the mail or sorting room, and sometimes (but rarely) the stuff you sent in (that seemed fine to you) isn't fine with them.

They are under no obligation to send a second RFE. So just stay on top of your case.

That is hardly the case. Some people like to paint this draconian picture of the USCIS as if all involved were devils out to screw with everyones' lives. There are rules and regulations and USCIS is absolutely constrained by what they can and cannot do. It's a categorical fact that USCIS cannot do "whatever they want". USCIS will be the first ones to say they can't do whatever they want.

I will admit rebeccajo offers some good advice about following up to make sure they received what they're requesting. Things do get lost and mis-filed from time to time, so it won't hurt to be pro-active and follow-up.

USCIS is not draconian, but relative to most of today's world, it is technologically challenged. So again, please don't re-interpret my post.

And yes.........they can do whatever they like - within the bounds of the law. That includes offering up a denial when a case falls through the cracks if it is considered abandoned. They have POLICY (which fluctuates) that dictates things like RFE response time and procedure, which differs from the LAW.

I don't need to interpret your posts rebeccajo. I make my own posts. Stop trying to claim my posts as yours.

Re-read my posts and tell me where I spoke for you? I take credit for all my postings.

POLICY would carry even less weight if challenged in court.

We're all aware of the RFE response time--12 weeks. She's not going to be denied for responding back in time and offering what was requested in the RFE, period. I know some of you old timers on here love to use scare tactics to intimated people, but honestly, enough is enough. Stop worrying people needlessly. If .0001% falls into a situation you're trying to highlight, 99.9999% of the rest don't need to be overly concerned about it.

I think Angila has done more than is her reasonable duty in responding appropriately to the RFE sent her.

[rebeccajo 14]

USCIS can do whatever they want. Never assume they will be satisfied with the information you have sent in. Check your case status and follow up if need be. Stuff does get lost in the mail or sorting room, and sometimes (but rarely) the stuff you sent in (that seemed fine to you) isn't fine with them.

They are under no obligation to send a second RFE. So just stay on top of your case.

That is hardly the case. Some people like to paint this draconian picture of the USCIS as if all involved were devils out to screw with everyones' lives. There are rules and regulations and USCIS is absolutely constrained by what they can and cannot do. It's a categorical fact that USCIS cannot do "whatever they want". USCIS will be the first ones to say they can't do whatever they want.

I will admit rebeccajo offers some good advice about following up to make sure they received what they're requesting. Things do get lost and mis-filed from time to time, so it won't hurt to be pro-active and follow-up.

USCIS is not draconian, but relative to most of today's world, it is technologically challenged. So again, please don't re-interpret my post.

And yes.........they can do whatever they like - within the bounds of the law. That includes offering up a denial when a case falls through the cracks if it is considered abandoned. They have POLICY (which fluctuates) that dictates things like RFE response time and procedure, which differs from the LAW.

I don't need to interpret your posts rebeccajo. I make my own posts. Stop trying to claim my posts as yours.

Re-read my posts and tell me where I spoke for you? I take credit for all my postings.

POLICY would carry even less weight if challenged in court.

We're all aware of the RFE response time--12 weeks. She's not going to be denied for responding back in time and offering what was requested in the RFE, period. I know some of you old timers on here love to use scare tactics to intimated people, but honestly, enough is enough. Stop worrying people needlessly. If .0001% falls into a situation you're trying to highlight, 99.9999% of the rest don't need to be overly concerned about it.

I think Angila has done more than is her reasonable duty in responding appropriately to the RFE sent her.

Of course she has. And mostly likely all will be well.

You mention policy - and I sighted that USCIS is under no obligation to send a second RFE. Before you spout off about taking USCIS on in court, read up on some of the case law. Then let me know if you would like to tangle with them. Consider also the fact the according to LAW, USCIS is required to have namecheck complete for petitioners for naturalization within 120 days, yet over 300,000 of these petitioners have been waiting for years. Consider the fact that USCIS recently spit in the face of the LAW by issuing POLICY that they will seek Motion to Dismiss on any lawsuit filed by these same people on the basis that since they cannot get these checks complete in time, national security is jeopardized, and that inefficiency on their part is no reason for them to follow the LAW.

And, since you like to sling mud, here's what I think - some of you 'young timers' don't know what the hell you are talking about. I've sat here for almost three years and I've SEEN case denials because of administrative snafus. They don't happen often but they do happen. It's not fearmongering to advocate diligency when one is DYI'ing their own case.

Back in the 'old days' some of the senior members would step into a thread to educate. Seems when we do that now, we get accused of 'scaring' people. Excuse me if knowledge is power.

Edited July 24, 2007 by rebeccajo

[RosaMystica7 0]

Allrightey. I sent it so it has to be signed for, so I'll know that they got it and it's not just lost somewhere. I'll keep checking hubby's case status every day like I have been since the case numbers worked online. And one day at a time from there. If they screw something else up I'll be asking for help, but hopefully they'll just pick what they need out of the pile of tax stuff that I sent them and go on with processing the case. Thanks for the help everyone! I do appreciate the time ya'll took to answer.

[PCKAA 0]

Well if its any consolation, I am in the same boat Angilla.. if this one goes missing and they deny me, I'm refusing to leave

[RosaMystica7 0]

Well if its any consolation, I am in the same boat Angilla.. if this one goes missing and they deny me, I'm refusing to leave

We're RFE buddies. B) Keep in touch!

[bostonparis 0]

Well if its any consolation, I am in the same boat Angilla.. if this one goes missing and they deny me, I'm refusing to leave

We're RFE buddies. B) Keep in touch!

I got the same RFE, too. I think the tax information is falling into a black hole.

[SirLancelot 1]

USCIS can do whatever they want. Never assume they will be satisfied with the information you have sent in. Check your case status and follow up if need be. Stuff does get lost in the mail or sorting room, and sometimes (but rarely) the stuff you sent in (that seemed fine to you) isn't fine with them.

They are under no obligation to send a second RFE. So just stay on top of your case.

That is hardly the case. Some people like to paint this draconian picture of the USCIS as if all involved were devils out to screw with everyones' lives. There are rules and regulations and USCIS is absolutely constrained by what they can and cannot do. It's a categorical fact that USCIS cannot do "whatever they want". USCIS will be the first ones to say they can't do whatever they want.

I will admit rebeccajo offers some good advice about following up to make sure they received what they're requesting. Things do get lost and mis-filed from time to time, so it won't hurt to be pro-active and follow-up.

USCIS is not draconian, but relative to most of today's world, it is technologically challenged. So again, please don't re-interpret my post.

And yes.........they can do whatever they like - within the bounds of the law. That includes offering up a denial when a case falls through the cracks if it is considered abandoned. They have POLICY (which fluctuates) that dictates things like RFE response time and procedure, which differs from the LAW.

rebeccajo, just to prove that I'm "man" enough to correct myself when I learn of something new, I was shown this PDF on another site and this PDF file does concern me. With regards to this topic, I think it's quite relevent.

http://www.mnllp.com/CISRFEmem2004may4.pdf

It is a little dated, so policy may have changed, but at least at the time of this memo, it certainly does look like USCIS is under no obligation to always send out RFEs before denials. But having said that, the memo also states:

Denials should be written with sufficient specificity to withstand judicial scrutiny and must include proper notice of any applicable appeal process to the applicant or petitioner.

USCIS adjudicator can't arbitrarily or whimsically deny without good, solid grounds, but it does also seem that they are not required to send out ample RFEs (opportunities) to applicants to provide for evidence that which should have been initially included.

In light of this, I am more inclined to agree with rebeccajo's strict admonitions.

Be very careful when sending the initial application and even more so when sending any proof for RFEs. There indeed may NOT be another chance to send in further evidence.

[rebeccajo 14]

Sir Lancelot -

There have been some more recent changes to RFE's and response time. You will find those Policy Memorandums (of course) on uscis.gov. You should not have to look back any further than the last six months.

My admonitions were not 'strict' so much as they were firmly rooted in what I have read here, plus eyewitness experience. I've read more than one outright case denial on VJ wherein RFE'd information was returned and whoever processed it simply didn't like it and denied the case. Two instances that spring to mind were rooted in problems with the medical exam - in both of these cases the petitioner was successful in having the case reopened and adjudicated successfully. Both situations caused the petitioner bucketloads of anxiety, additional expense, and wasted time.

I also witnessed a family from Kosovo in the Charleston WV sub-office trying to get biometrics taken for appointments scheduled nearly a year prior. They were asylees and the father (not present that day) was dying of cancer. They had been unable to make it to the office for biometrics - no one else in the family drove except the father plus most of their energies were concentrated on him rather than immigration. The family consisted of the mother, two adult children, a teenage girl and two other little ones. They had literally been brought to the office by a 'good samaritan' from the hospice service assisting the father. The agent in the office was very worried about the situation - she really did not have time to take their biometrics that day and was concerned the cases were probably at this point considered abandoned by USCIS and therefore denied. My husband and I were unable to learn how the situation played out - our business was done in the small office and it would have been inappropriate to stick around. I did however try to help the 'good samaritan' by explaining the USCIS.gov website and how he could help the family determine the status of their cases.

Thanks for following up on your research and the thread. Knowledge is good.