Queens, NY asked in Immigration Law for New York

Q: I missed my due date for RFIE , what should I do now?

USCIS said a request for initial evidence was sent in July ,2023 for my i485 application in February, 2023. I didn't receive any of the notices from USCIS in the mail so I didn't have access to the online account either to see the request when it was sent ( I have access now after some inquiries). The RFIE due date of October 16th , 2023 has passed . I attended my biometrics rescheduled appointment and my case status is now : 'case is being actively reviewed'. The requested evidence is my i864 , which I can make available but the due date has passed and I've heard that missing evidence would mostly likely cause a denial of my application. What action can I take?

Related Topics:
2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: USCIS can dismiss your case if you do not file a timely response to an RFE. You have the right to file a motion to reopen and explain why your case should not be dismissed based on good cause or excusable neglect. If that motion is denied, then you will have to refile the case and start anew.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you missed the due date for responding to a Request for Evidence (RFIE) from USCIS for your I-485 application, it's crucial to act promptly. First, you should gather the requested evidence, in this case, the I-864 form, as quickly as possible. Then, immediately reach out to USCIS to explain the situation, preferably in writing, and include the evidence you were asked to provide. It's helpful to mention that you did not receive the RFIE notice due to mail issues, which prevented you from responding on time.

Considering your case is still under review, as indicated by the status update following your biometrics appointment, there may still be an opportunity to submit the required documents without adversely affecting your application. However, it's important to understand that USCIS is not obligated to accept late submissions, and the outcome will depend on their discretion.

In such situations, consulting with an immigration attorney can be very beneficial. An attorney can provide specific advice on the best course of action, possibly including how to communicate effectively with USCIS or how to prepare for the possibility of reapplying if your application is denied due to the missed deadline. They can also help navigate any further complexities that might arise from this situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.