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How long does USCIS take to adjudicate a response to an RFE?

I had my I-526 filed in the last quarter of 2013. The RFE was raised on the project in the first quarter of 2015 and a response was submitted by mid-April. Though a period of 60 days has passed from submission, I have yet to get any response from USCIS about the RFE. However, one fourth of the applicants to the project received approvals within 60 days and more than 100 days have passed without any communication from USCIS on my I-526. Is this normal? Why would the other applicants have such a quick response from USCIS, but mine is taking so long?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is likely a good sign that other I-526s have been approved on a project's RFE, although each I-526 is different with its own source of funds documents. Your attorney should be able to make an inquiry with IPO to see if your I-526 processing may be expedited given that other I-526s associated with the project have been approved. USCIS is not generally obligated to expedite unless expedite criteria are met.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Every I-526 filing is different as the investor's source of fund documentation is unique to each investor. The USCIS adjudicators are also different and have wide discretion in adjudicating each I-526 petition. Therefore, some I-526 petitions take longer to adjudicate. Of course, if the I-526 petition is taking substantially longer than the normal processing times, then an experienced EB-5 immigration attorney can make inquiries and take legal action in order to receive a decision.

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    John J Downey

    Immigration Attorney
    Answered on

    I am sorry to say that your guess is as good as mine. The best advice I can give is to contact the Congressman who represents the area of your investment and ask them to inquire.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Each case is different, but USCIS should make a determination on a response to an RFE in about 60 days. Your attorney can begin to make inquiries through the E-gov site or by calling the National Customer Service Center. Please note that inquiries can only be made every 30 days.

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    Melanie Yang

    Immigration Attorney
    Answered on

    Your I-526 will be approved sooner or later since the RFE is only about the project. If other I-526 applicants' cases were approved, yours will be approved too. USCIS officers have to take one bite at one time.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It is difficult to predict the adjudication time for an I-526 after submission of an RFE response. While most petitioners will receive a decision within 90 days, sometimes it just takes longer for other cases. It does not necessarily mean that there is a problem with your case, but you or your attorney should follow up with the USCIS-IPO as to the status of your petition.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    USCIS could give themselves as much time as they need/want to adjudicate these applications and the processing times vary greatly from one adjudicator to another. Normally, USCIS will take 60-120 days to review the RFE responses. Since there are many applicants who received the same project RFE and have received approvals, it is a good sign that yours will also be approved. Your attorney may be able to send an inquiry email to USCIS telling them that a number of other applicants who filed the same RFE responses have been approved while yours is still pending and ask for an expedite. USCIS could easily just ignore this or tell you that they are doing their best and your application will be reviewed in due course, but at least you may be comforted that your attorney is doing something on your behalf. Good luck.

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