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Does an I-829 RFE have a negative impact on my case?

I got an I-829 RFE requesting proof that investments went into business and job creation. Is RFE a standard practice for I-829s?Could this lead towards negative outcomes?

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    A RFE is a standard practice when there is an issue to be cleared up. If you do not respond to the RFE or if you provide insufficient evidence in response, yes, it could have a very negative outcome for your case. A NOID or a denial may be appropriate for lack of or insufficient response.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    RFEs are very common among nearly every immigration process. Overall, many cases are approved after a timely filed response. Some may be denied, but you can always appeal that as well.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    While an approved petition is always better, the issuance of an RFE does not have a negative impact on your case as long as you are able to provide the evidence requested by USCIS. RFE''s are not uncommon, and due to the long I-829 processing times, USCIS often issues RFEs simply to update the documentation it has in the file.

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    Daniel B Lundy

    Immigration Attorney
    Answered on

    RFEs are extremely common. However, the answer to the RFE will certainly have an impact on the outcome of your case. USCIS is asking for more information and documents because it thinks that what it currently has is not enough to approve your case. You need to provide enough in response to satisfy USCIS that your case is approvable. You need to have an experienced EB-5 immigration attorney assist you with the reply to make sure it is sufficient. After receiving the response, USICS will usually either approve the 829 or issue a NOID (notice of intent to deny), although it sometimes issues a denial without a NOID. Therefore, the response to the RFE is very important.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is not uncommon to get an RFE. Just be sure to respond to all of their concerns enumerated working with your counsel.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    They are becoming more normal and if the evidence of job creation and investment sustainment isn''t there, the case will be denied.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Typically, RFE is a regular tool used by the USCIS, if and when it has issues that need to be clarified in any petition. As a result, do not assume any negative connotation to any issuance of RFE rather, make sure you provide plenary response as much as possible to your RFE, including but not limited to, documentary exhibits.