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How much of a delay does a request for evidence cause?

I would like to file my I-526 as soon as possible, but I am not immediately able to provide all necessary payment slips, bank statements etc. I currently can only get partial information that supports the establishment of the business and tax returns from selected years right now, and might be able to acquire the rest later. Should I proceed with the I-526 anyways, knowing I will probably get a request for evidence? How much of a delay does an RFE cause in application processing?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A request for evidence (RFE) will certainly delay a case, so it is better to wait until you have all of the necessary evidence before filing the petition. Once an RFE is issued, it is mailed to the petitioner and the attorney of record. Most RFEs have response deadlines of 87 days. Most RFE responses, when received by the USCIS, take about 30 to 90 days to process. Therefore, the potential delay of any RFE varies, but it could be from 90 days to six months, on average.

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    Elana Laverty

    Immigration Attorney
    Answered on

    You should not file your I-526 petition until you have all necessary project documentation and source of funds documentation. A request for evidence will only further delay the case and filing an incomplete package could potentially lead to a denial. It is not advisable to move forward until you receive all necessary documentation. This will ultimately save you time in the long run.

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    Ed Beshara

    Immigration Attorney
    Answered on

    It is always better to file an approvable petition I-526 petition with the intent that there will not be a Request for Further Evidence. However, if there is a RFE, then the delay in obtaining the requested information or documentation will cause delays in filing an answer, and subsequent delays in the USCIS adjudicating process will all combine to cause financial delays.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It is our recommendation to submit a complete I-526 petition that is approvable on its own. You may hope for an RFE, but get an Notice of Intent to Deny or an outright Denial instead. That would not be good. If you do get an RFE, there is generally a 60-90 day deadline for the response, and USCIS claims they will issue a determination in 60 days from when they receive the response.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is highly advisable that complete supporting evidence is submitted with the initial I-526 filing. Please consult your EB-5 immigration attorney.

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    John J Downey

    Immigration Attorney
    Answered on

    RFEs are troublesome; best to wait until you get your docs completed.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The Request for Evidence usually has 90-120 days for response due. Thus, if you are looking to file your I-526 with an intention to get a RFE and then respond, the adjudication of your petition will be delayed for at least the amount of time it will take for you to gather the necessary documents and have your attorney prepare the proper response. However, since there is no guarantee that the RFE will only focus on some missing tax documents, I would advise you to consult with an experienced EB-5 attorney for an overall review of SOF and investor eligibility before investing and filing the I-526.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    While your inability to obtain all necessary documents is understandable, it is advisable that you should get as much as possible to avoid an RFE. There is no advantage that I can think of in filing an incomplete application. You will receive an RFE which typically will set the response time for about 87-90 days. In the meanwhile your application will remain unprocessed until you have answered the RFE. Further, you are taking a risk that if your RFE is deemed not to be properly answered you run risk of a denial. So, be on notice, handle the early filing procedures by being diligent with your details, documents and application. Seek advice from an EB-5 attorney.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    You should not file your application until your application is almost complete. It is okay to be missing minor things, but these are key documents. A request for evidence can delay your application by at least 6 months.

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