RFE SENT OUT BY THE USCIS REGARDING A PENDING APPLICATION
Problem:
RFE sent out by the USCIS regarding a pending application
A Guatemalan man approached me to represent him regarding his asylum application. However, his previous attorney had applied for his work permit (EAD) but failed to include a copy of his passport. Consequently, many months after the application was submitted, USCIS issued a Request for Evidence (RFE), asking for a copy of the applicant’s passport. The application process was put on hold until the requested evidence is received by USCIS. If this evidence isn’t submitted to USCIS within the time limit specified in the RFE, USCIS will issue a Notice of Intent to Deny (NOID). If this notice is not complied with, USCIS will deny the application.
Solution:
Send out the documentation required in the RFE.
Fortunately, my client had a copy of his passport. In this situation, we promptly sent out a cover letter, the RFE, and the requested copy of the passport (which also required translation and a certificate of translation). If you receive an RFE, pay special attention to the compliance date specified in the request. Previously, USCIS provided additional time beyond what was listed on the RFE (due to delays caused by the COVID pandemic). However, this may not be the case now, as policies change. The best practice, if the requested evidence is available, is to submit it immediately and well within the deadline given by USCIS.
Results:
My client received his EAD card.
About a month after we submitted the additional required evidence in the manner that USCIS requested, my client’s EAD arrived in the mail. This document is valid for two years and can be renewed. It’s advisable to initiate the renewal process approximately one month before the current EAD is due to expire.
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