USCIS Assigns Timeframes for Responses to RFEs
Posted Aug 17, 2007
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The United States Citizenship and Immigration Services (USCIS) has specified standard timeframes for responses to certain Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). This is a further clarification of the new response-time rule with regard to RFEs and NOIDs about which we reported to MurthyDotCom and MurthyBulletin readers in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs. The new, flexible time for response went into effect on June 16, 2007, replacing the old, standard twelve-week timeframe.
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Response Times
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The USCIS has issued specific response times that USCIS adjudicators should follow while issuing RFEs and NOIDs. These timeframes are now published in the Adjudicator's Field Manual (AFM), which provides guidance to all USCIS officers who adjudicate petitions and applications for immigration benefits. The timeframes depend on the circumstance underlying the USCIS officer's decision to issue an RFE and/or NOID in any given case.
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Below is a chart taken from the AFM that lists specific circumstances and corresponding timeframes.
Circumstance

Standard Timeframe
(calendar days)
To submit initial evidence that the form requires the applicant or petitioner to file 30
To submit evidence that Form I-539* requires 30
To submit evidence available in the United States regardless of form type 42
To submit evidence available outside of the U.S. regardless of form type 84
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*extension of stay or change in status		  

Conclusion
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Most of the timeframes in the above chart reflect a significant decrease in response time available from the standard twelve-week deadline. If, for example, the document requested by an RFE provides for a 30-day response time and it is not available and/or cannot be produced within that period of time, the application or petition is likely to be denied. Therefore, we at the Murthy Law Firm advise preparing as complete a petition or application as possible before submitting it to the USCIS to reduce the chance of receiving an unfavorable decision. If there are any documents that can be anticipated as possibly being requested in an RFE, those should be gathered in advance, so that they are immediately available for a timely RFE response.
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