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New Immigration Policy on Request for Evidence

| Jul 25, 2011 | Policy Memos |

Very recently, USCIS issued an interim memo regarding time-frames in which to respond to Requests for Evidence. The memo sets forth a binding policy change that is quite beneficial for the public. Applicants and petitioners will now apparently have a standard 84 days in which to respond to Requests for Evidence; in the case of responding to a Request for Evidence for I-539s, applicants will have 30 days. Not only is this time-frame generally longer, but it is now mandatory. Officers will have to get supervisor approval if they wish to impose a shorter time for applicants to respond. This is a positive development because it regularizes the process and reduces irregular and unfair situations where some people are given only thirty days and others, 87 for essentially the same type of deficiency. A standard 84 days is fair and appropriate for most types of cases. It will certainly be good news to many of our Indian immigration clients in New Jersey who need more than a couple of months some times to secure birth affidavits and school leaving certificates from outside the country.

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