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What happens after an RFE response is submitted?

I filed my EB-5 petition in March 2015, got an RFE in March 2016, and the RFE response was submitted in June 2016. I have regularly followed up by making service requests. The only answer I have received over the last four months is "We apologize for the delay," etc. Can you shed some insight on what happens at USCIS after the RFE response is submitted?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That is, unfortunately, the common response from USCIS even a year after responding to an RFE. Keep making inquiries. Best of luck.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    This simply means that your petition is still being evaluated. This instance may include investigation of answers and documents provided in response to the RFE. Finally, it is not unusual that the re-evaluation of a case like this may take in what may appear to be exceedingly long time.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    On average, it takes USCIS several weeks to several months to respond to an RFE. It depends on how well the RFE has addressed all issues raised by USCIS in reviewing your I-526. Your attorney should make an inquiry with the EB-5 unit. It is possible to have another RFE issued, notice of intent to deny, or notice of approval.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The case goes back to the adjudicator to evaluate and you can email the EB-5 address for status updates.

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    Charles Foster

    Immigration Attorney
    Answered on

    The simple answer is it is taking U.S. Citizenship and Immigration Services (USCIS) longer to adjudicate EB-5 investor petitions on Form I-526 as well as to respond after responses to RFEs are filed. What happens at the USCIS after an RFE response is submitted is that your response is simply in a cue waiting for it to be reached by the CIS Examiner to which the particular case has been assigned. They are likely working on responses that were filed months before yours.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    After the RFE response is submitted, the adjudicating officer of the case reviews the additional evidence and response submitted. Upon consideration, a final decision will be made. I have seen USCIS take as short as a week, to six months after submitting a response to make its final decision. If you do not receive a response within three months after response, you should have your attorney enquire by phone.

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    Mark Zeller

    Immigration Attorney
    Answered on

    Yes - after the information is received, it is reviewed by the officer. One of the issues in your case may be the quality of the response to their request. Did an attorney prepare this for you?

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There is no limit on how long USCIS takes to review your case after the RFE. Since the normal processing time for the I-526 petition is more than 17 months, they could take that much time again to review as technically your petition was not complete because they had to ask for more documents. Your attorney should be asking for updates every two months, stating that the case is beyond normal processing time, and escalate it if needed.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    USCIS will ordinarily approve within 6-7 months of submitting an RFE response. It appears they may not be happy with your response so they could be investigating, or they may issue another RFE, or a Notice of Intention to Deny. Less likely, but possible, is a straight denial or straight approval.

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