Tag: RFE

Why should you get the medical done before you file your I-485 application and, in most cases, submit it with your I-485 application?

Know the importance of including your medical exam with the I-485 application for a smooth green card process.You should get your medical exam completed before you file your green card for two important reasons. First, you–and I as your attorney–want to see if any issues come up with your medical exam. For example, a client recently conducted her medical exam and learned that she was positive for TB (tuberculosis). With that diagnosis, she is not eligible for a green card. She needed to get the necessary treatment–which took 8 months–in order to get a clear and complete medical exam. If she had filed without the medical exam, waited for an RFE, and then learned that she had TB, she may not have been able to respond to the RFE by the 3-month deadline and her entire case would have been denied, and she would have had to start over. Sometimes, even when we see negative results, we file the application due to certain legal issues. However, it’s best to decide to file without the medical exam knowing why you’re applying without the medical exam. 

The other big reason to file with the medical exam is that USCIS can fully approve your case if the medical exam is included. Meaning, in most cases (since 20220, there will be no interview. Lots of people used to bring the medical exam to the interview. Now, you do not always have that opportunity. If you don’t file the medical exam with your application, the approval of your case may be slowed down because USCIS has to ask you for the exam, you have to send it to USCIS, and then USCIS has to get back to looking at your case once you send in the exam.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-766-0214) or email hello@cambridgeimmigrationlaw.com to get in touch.

What is a Request for Evidence?

request for evidenceAn RFE is a Request for Evidence. USCIS sends RFEs after you have filed an immigration application. If USCIS needs information or documents that you did not include in your application, USCIS will send you an RFE. Sometimes, however, USCIS makes a mistake and requests information or documents that you’ve already submitted. Even if USCIS made a mistake, you still must respond to the RFE before the deadline on the RFE. At our firm, we receive many mistaken requests, and we respond to the RFE with an explanation that the information or document was already included, we submit a new copy of the document, and we ask USCIS to return to processing the application as soon as possible. We also note that the RFE caused an undue delay and that we’d like the case expedited. 

USCIS’s RFE’s cover almost all types of missing information and documents. USCIS may send an RFE because a signature is missing on an application. USCIS may send an RFE because a particular box on the application is not complete; because of this, we always answer ALL questions with an answer or with “none” or “n/a.” Do not leave any boxes or fields empty!

USCIS’s RFE’s can request much more complicated information. Sometimes the RFE essentially asks you to re-prove your case with more legal arguments and more documentation. 

Most of the time USCIS sends an RFE instead of sending a denial, but in some cases, USCIS issues denials without requesting the missing information or document. While this is rare, it is a reason to make sure that your entire application is complete and all supporting documents are submitted the first time you submit an application. At our firm, we very rarely submit non-complete applications. Other firms may submit a bare-borns application with the expectation that they will be able to supplement the application when USCIS sends an RFE. 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.