ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here:



< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

Vocus
Vocus

News Release - April 12, 2007

USCIS Announces Flexible Response Times for Notices of Intent to Deny and Requests for Evidence

 

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today the transmittal of a final rule, “Removal of the Standardized Request for Evidence Processing Timeframe” to the Federal Register.  This rule will take effect on June 16, 2007. 

 

This rule amends Department of Homeland Security (DHS) regulations by giving USCIS flexibility in setting an appropriate length of time during which applicants and petitioners for immigration benefits must respond to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).  This change does not apply to asylum cases to which a separate set of regulations apply.

 

USCIS may issue RFEs and NOIDs when the evidence submitted with an application or petition does not establish eligibility for the requested benefit.  If an applicant or petitioner does not timely respond to an RFE or NOID, USCIS may deny the case.  This rule also describes the circumstances under which USCIS will issue an RFE or NOID before denying an application or petition.  It does not, however, eliminate the general requirement that a petitioner or applicant receive an opportunity to review and respond to new information. 

 

When determining an appropriate response time, USCIS will consider such factors as the type of evidence requested, the availability of the evidence and whether it is new or additional evidence.  For example, USCIS will give applicants or petitioners shorter periods of time to submit easily obtained documents such as photographs.  USCIS will give longer periods of time to submit documents from overseas sources.

 

The maximum response time will remain 12 weeks for an RFE and 30 days for a NOID.  The final rule does not permit extensions of the response time to submit evidence beyond USCIS specified deadlines.

 

For more information about USCIS, please visit www.uscis.gov



Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: