I-485 RFE’s Asking for employment verification, etc.

UnknownWe have seen an influx of I-485 RFE’s for long pending cases, asking for updated letters of employment and medical exams.  Why is USCIS sending this out?  Does this mean your case is going to be adjudicated very soon?  Well, we wish that the answer was clear.  At first blush, it appeared that they are sending them out to cases that are close to being adjudicated.  However a number of people with cases that are not yet current are also getting these RFE’s as well.  So what’s the story?

Well, in the best case scenario USCIS is culling cases, and only sending out the notice to cases that are current now, or that it feels will become current shortly.  This would mean that those with cases that are not current who get this RFE should expect their case  to come current in the near future.  However, in the worse case scenario, USCIS is just sending out the notices to ALL cases that have been pending close to, at or over 1 year.  If this is the case, it could also be the case that UCSIS will begin asking for these documents every year that the I-485 remiains pending.  For most people this is not an issue as the current processing time is only about 8 months.  For those with cases caught in the backlogs, however, this could mean having to get a new medical every year.  So far USCIS has not yet stated which path it is taking:  just sending out the RFE to those cases that are or will be current soon, or to all all cases pending near or over a year.  We sincerely hope it is the former, as the later would cause extra expenses for no real return.

If we hear anything else we will update this post immediately.


Author: Adam Frank, Esquire

I am an immigration attorney with over 20 years of experience. I was graduated from Brandeis University undergrad in 1990 and then spent a year traveling around Central America. In 1991 I began attending the University of Baltimore School of Law and was graduated in 1994. I began working in Immigration Law in 1998 when I joined a small law firm and, in 2000 opened my own firm with my law partner Ed Leavy. Sadly, Ed passed away in 2011. I am still a partner in my own firm with my current partner Brendan Delaney. Our firm is Frank & Delaney Immigration Law, LLC.

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