Is requesting evidence common? I understand that USCIS may request additional information after I file my EB-5 application. Do these requests delay the processing of my application, or do they fall within the time USCIS indicates for reviewing the application? Are these requests typically complex? Will I need to pay additional fees if I receive a Request for Evidence (RFE)?
Answers
Natalia Morozova
EB-5 Immigration attorneysThe RFEs or requests for evidence are common in the EB-5 filings. The requests do delay the processing of the case as USCIS gives you time to respond but that is why there is a range of processing times. The requests for evidence range in their complexity, it can be something simple like a missing biographical document or a more complex legal question that requires a legal briefing. In most instances the Requests for Evidence are included in our retainer. However there are complex RFEs that require more work and we do charge for that.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysRFEs are quite common. You will be required to respond to an RFE before the deadline listed in the RFE letter, which typically 90 days, but may be shorter. No additional filing fee is necessary for the government, but some attorneys may charge an additional legal fees to respond to an RFE. RFEs do delay the processing, as complex RFE may require a few weeks of preparation and USCIS cannot resume the case processing until the received the RFE response.
Benjamin Hu
EB-5 Immigration attorneysRFEs happen to a certain portion of EB-5 cases. Some appear to be semi-random, but others appear to be issued on specific merits or weaknesses of the case.
An RFE usually grants 3 months to respond. However, all relevant documents must be provided in one response. The USCIS then proceeds with adjudication of the case.
The US immigration service does not charge additional procedural fees to adjudicate RFEs.
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