New York, NY asked in Immigration Law for New York

Q: What to do if we will not be able to submit RFE documents on/or before the USCIS deadline?

Hello guys, A few days ago, my mom just had her Naturalization interview and she passed the interview/English tests but she has RFE- a police clearance. The interviewing officer told her that FBI wasn’t able to obtain her fingerprints. I’m confused because she did her biometrics TWICE! We went to our local precinct here in New York City like what is indicated in the letter but at the precinct they told us that we have to go to Police Plaza Path in Manhattan and we have to make an online appointment. Our concern is that the earliest appointment that we can make online is 3 weeks beyond the deadline (11/04/24). If we can’t submit it on/or before the deadline will my mom’s application be denied? Any suggestions or recommendations will be well appreciated. Thanks!

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2 Lawyer Answers

A: The decision will be based on the evidence on record if the RFE response is not submitted on time

James L. Arrasmith
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Answered

A: If you are unable to submit the requested documents before the USCIS deadline, it's important to take action right away. The first step is to contact USCIS as soon as possible to explain the situation and ask for an extension. While extensions are not guaranteed, USCIS may grant one if you provide a valid reason, such as the delay in obtaining the police clearance.

In the meantime, keep all records of your attempts to comply, including appointment confirmation emails and any communications with local authorities or USCIS. This documentation can show that you've made every effort to meet the deadline.

If the extension is not granted or you're worried about the timing, consider submitting a written explanation along with whatever documentation you do have by the deadline. This could help avoid an automatic denial and buy you more time to resolve the issue.

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