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How long does it take USCIS to review an I-829 RFE response?

I submitted the RFE of "satisfaction of sustainment requirement" to USCIS in Sept. 2018. It has been three months but I am still waiting for a final decision. How long does it take USCIS to review an I-829 RFE response? Besides waiting, what else I can do now?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    The current processing time for I-829 petitions is 24 months and the USCIS decision on a response to an RFE should only take a few months. While the I-829 is pending, you should be able to legally be employed and travel outside and back to the U.S.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    There is no particular time frame. Your attorney may make a service inquiry to obtain a status.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no set processing time for this; however, you can follow up with the EB-5 unit to check on the status.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    USCIS does not have a standard processing time for making a final adjudication after an RFE response. Three months or longer is not unusual. Your immigration attorney can email the USCIS investor program office to make an inquiry, but the likely response will be that the case is with an officer and is under review. Until USCIS makes a final decision on your I-829, you are in valid immigration status and you are entitled to continuing evidence of work and travel authorization through a temporary I-551 stamp in your passport.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is no fixed time. Three months is not a long time. It can take six months or even longer if there are issues and it is not clear cut.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    It would have been much nicer if there was a set time for a response rather than be left in suspense for potentially so long, but unfortunately there isn't. It appears like you have patiently waited long enough, though. Have your attorney inquire on your behalf.

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    Stephen Berman

    Immigration Attorney
    Answered on

    There is no standard amount of time.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Often the RFE states it may take 60 days for a decision after an RFE response, but there is not a set deadline. You may be able to start making inquiries but do so only occasionally. Constant bugging is not recommended.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Sometimes two weeks; sometimes two years.

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    Charles Foster

    Immigration Attorney
    Answered on

    Unfortunately, it's impossible to predict actually how long it would take the USCIS to review a response to an RFE given the many human factors. We do know there are more RFEs being issued and the RFEs are more complex. Thus, it is taking longer periods of time before you can expect a response. Three months would be fast; six months would be more realistic or perhaps much longer.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    USCIS does not give any deadlines to adjudicate cases. Normally, if the only issue was whether you had fully invested for two years of the conditional residency period, and you have proven that, the approval should have been issued by now. If they asked other issues, they may take longer. Discuss it with your lawyer about all the issues that were raised.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Once a response has been filed for RFE, there is nothing else to do but to wait for the USCIS decision. There is no specific known parameters to determine when the USCIS will take to review and issue a decision. You can either only check online on periodic basis or call the customer service center. If you feel like, do an InfoPass visit to the nearest USCIS office to you.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You can check with the EB-5 email address after about 90 days.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    You can inquire on the case status 60 days after submission by contacting the EB-5 unit. There is not set adjudication timeframe.

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