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How does USCIS send out RFEs for investors in an EB-5 project?

I got an RFE in May 2016 about the EB-5 project - not about my source of funds. Does USCIS first review the entire record and then they aggregate all issues they see in a single RFE? Or will they review records one-at-a-time and send out additional RFEs? How long will the RFE response processing time take?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    An RFE can include requests for both the actual project and the lawful source of funds.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Ideally, USCIS does indeed issue an RFE with all issues, but in some cases second RFEs will be issued. RFE response processing is not subject to a set timeline, but it could be several more months until a final determination is made.

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    Richard A Gump, Jr

    Immigration Attorney
    Answered on

    RFEs are common and frustrating! More often than not, USCIS issues one RFE after it has reviewed the entire record. However, it is not completely uncommon to receive a second RFE or a Notice of Intent to Deny (NOID) after the first RFE is responded to. Generally, USCIS completes the processing of a case within 45 to 60 days after receiving an RFE response.

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    Barbara Suri

    Immigration Attorney
    Answered on

    In my experience, USCIS reviews the entire record, and aggregates the issues in a single RFE. Although you may receive notice of the receipt of the RFE and to expect a response in about two weeks, there is no guarantee of a time in which they will actually respond to your submission.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    USCIS usually issues the same project RFE to everyone and that gets answered repeatedly using a response prepared by the project lawyer.

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    Charles Foster

    Immigration Attorney
    Answered on

    Typically, USCIS will send out an RFE covering all pertinent issues and not serially. It is hard to say how long the RFE processing time would be, but it would normally be measured in months.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Typically, the entire record is reviewed and an RFE is sent. Although, USCIS is not limited as to how many RFEs that can be sent.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    USCIS can send all questions in one RFE or/and send multiple - it depends on individual officers. Some of the time, you receive one RFE for all questions they have, but it is not necessarily a must, and arguing that since they did not ask questions about your sources of funds in their RFE so they cannot ask for it now is not really a good argument. So, the answer is - it depends.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is no fixed standard for issuance of an RFE by USCIS. Also, just because one RFE was issued does not mean another one will not be issued by the agency even though most of the time only one RFE is usually issued. However, a far more important issue is the fact that once issued, an RFE will specifically state when the response is due. Under no circumstance should you miss the deadline; otherwise, your petition will be reviewed and a decision (usually a negative decision) will be issued based on the records - which USCIS had already considered inadequate and issued an RFE, and the agency has on file.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    This is not uncommon. If it is referencing your I-526, then you answer, but contact the project to get the information USCIS is requesting and then include it.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Usually, USCIS reviews the initial submittal and then issues only one RFE, which should list all the additional info/docs that they request. It would be very unusual for them to issue another RFE. Instead, if upon response to the RFE, USCIS is still not satisfied, they will issue a denial and at that point you would have the option to appeal/request for review/reconsideration.

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