6 Haziran 2012 Çarşamba

What to do if you receive a Request for Evidence from USCIS

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So you've filed all of your immigration paperwork, received your receipt notices, and you have a general idea of the processing times for your application from visiting the USCIS website.  You're not expecting to hear anything for another few months, but suddenly, in today's mail, there was an envelope from USCIS.  What could it be, you wonder?  Inside is a colored sheet of paper with a barcode, and some additional pages.  Ahh, the Request for Evidence.  Now, let's talk about what to do next! 
Depending on who issued your Request for Evidence (whether it was a Service Center, or your local office), the time given to respond will be different.  Many requests give you 87 days to respond, but others set a deadline that is much sooner, so your first step is to look carefully at the letter to determine how much time you have to respond.  Watch out for the date of the request--usually, you'll be asked to count the number of days from the date of the letter.  Count the days to include weekends and holidays, and mark the date on your calendar for at least a week before the actual deadline, since you'll need time to mail it back.  If the deadline falls on a Sunday or holiday, USCIS will accept the response as timely if it is received on the next business day, but try to avoid this by getting your response in as soon as possible. 
Now, look carefully at what is being requested.  Many requests give specific instructions about the form a particular document should take (for instance, you may be asked to provide a long-form birth certificate; even if you previously provided a copy of the birth certificate you've always used, you'll need to read the instructions to find out how to get a long-form copy).  If you know that a particular document will take you some time to obtain, get started right away, so that you do not miss the deadline.  YOUR CASE MAY BE DENIED IF YOU DO NOT SUBMIT THE REQUESTED EVIDENCE BY THE DEADLINE, so be very careful.  
In some cases, USCIS will ask for information that you already submitted.  Submit it again.  Try to resist the urge to show them that you already submitted it (remember, it is actually a team of human beings who work at these service centers, and they process thousands of applications every year, so of course mistakes are sometimes made).  This is the easiest request to respond to, so try to do it right away. 
Always return the original colored Request for Evidence sheet, and keep a copy of the packet for your records.  DO NOT send originals unless specifically requested, and double check the address where the documents should be sent--it's not always the same place that your original filing was sent.  If possible, avoid using courier services like UPS or FedEx to deliver your package--and if you have to use one of these services, double check the form to see if there is a different address you have to use (FedEx and UPS don't usually deliver to post office boxes, which is often the address listed for service centers, so you'll have to find the street address.  You can avoid this hassle by using the US Postal Service, which does deliver overnight to PO Boxes).  
I always send a cover letter noting what is being sent, and this is an especially good idea if what you are sending doesn't comply exactly with what was requested.  Note the reasons that you are sending non-conforming documents, and indicate whether you will be sending the requested documents at some point in the future (with a date, or an approximate date, if possible).  
If you can't get a document in time for the deadline, you must send a letter indicating the efforts that you have made to obtain the document, with evidence, if possible, and request an extension of the amount of time you think it will reasonably take you to get the materials.  Unless the request specifically says that no extensions will be granted, in which case, you're probably out of luck and will have to refile your case, you should mark your calendar for your new deadline.  You will not hear from USCIS that your request for an extension has been approved, but you will be expected to comply within that time frame, so make sure that you do respond or again, your case will be deemed to have been abandoned.  
As always, if you have questions about this information, or if you would like to discuss representation in your case, please do not hesitate to contact me at christina@cruddenlegal.com.  Hope everyone is having a terrific 2012 so far!  

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