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What should we do if our EB-5 I-485 RFE notice get lost in mail?

Our EB-5 I-485 petition recently got an RFE notice. The USCIS mailed it on Oct. 4 but we still have not received it after 20 days. I guess this is due to our recent move. What should we do if we do not receive it after 30 days? How can we get a copy of the RFE? What is the deadline for responding to an RFE?

Answers

  • Avatar

    Marisa Casablanca

    Immigration Attorney
    Answered on

    If your RFE has been lost in the mail, you must call the customer service telephone number on your receipt immediately. They can re-send it to you and even extend the response date.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    The deadline is 89 days. USCIS will send a copy after 30 days no receipt, or sooner, if it comes back to them. Clean up your address records with USPS and USCIS. USPS will forward mail if you register properly.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You should contact the USCIS as soon as possible and let the agency know about the non-receipt of the notice. The contact can be by mail, phone and even an InfoPass face-to-face meeting.

  • Avatar

    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    Generally, the attorney should also receive a copy of the RFE. You can call the USCIS customer service and have them resend the RFE to the new address.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Call USCIS and inquire with customer service. When you move you are required to file AR 11 within 10 days of the move. However, sometimes USCIS will still mail notices to the old address. Your lawyer should get a copy of the RFE as well.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Call USCIS for a copy. Have you filed the AR-11 advising of your new address? Also call USCIS with your new address information.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Call USCIS and ask customer service.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Normally, you are given 90 to 120 days for the RFE. Also, while your notice may have been lost, your lawyer should have received a copy. If not, the lawyer should email IPO and ask for a copy if he did not receive the notice after 30 days from issuance.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You must file a change of address within 10 days of moving, so please do that immediately. Your lawyer should have got a copy. Many notices require an answer within 30 days, so this could be urgent. Generally, if you do not respond timely to a request for evidence, your case can be dismissed and if you are without status, you can be put into deportation/removal proceedings. If you have no lawyer, which is unique, then you need to call immigration immediately and hope they will send a duplicate notice. Treat this as very urgent.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    If you do not receive the RFE notice following your application for adjustment of status on Form I-485, you should check with your attorney, if represented, to see if he or she received a copy of same. Otherwise, you would have to contact the USCIS Service Center to request a copy.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Contact the USCIS customer service by phone (it is the 1-800) that is provided in your I-485 receipt notice and ask them to re-send and also notify them of your change of address.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You or your attorney can make a request right on the USCIS website. Also, you need to file a change of address, which is also on the USCIS website! The deadline might remain the date it was issued, even if you never got it. When it arrives, check the dates that may be printed on the RFE itself.

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