In an Interoffice Memorandum to USCIS Service Center directors, USCIS Acting Associate Director Domestic Operations Donald Neufeld established new standard timeframes for specific Requests for Evidence (RFE). These new standard timeframes follow the removal of the standard 12-week (84 days) timeframe for RFE established at 72 Fed. Reg. 19100.
The final rule removes the fixed time of 12 weeks to respond to an RFE and permits USCIS to assign flexible times for applicants and petitioners to respond to a Request for Evidence (RFE) or to a Notice of Intent to Deny (NOID). The maximum response time for an RFE continues to be 12 weeks and 30 days for a NOID. The rule precludes extensions of time to submit evidence beyond the 12-week maximum limit.
USCIS has revised the Adviser’s Field Manual accordingly, with the creation of a new Appendix 10-9 (AFM Update AD07-05) that establishes the following Standard Timeframes for Applicants or Petitioners to Respond to Requests for Evidence (RFE):
|To submit initial evidence that the form requires the applicant or petitioner to file.|
|To submit evidence that Form I-539 (extension of stay or change in status) requires.|
|To submit evidence available in the United States.|
|To submit evidence available from overseas sources regardless of form type.|
*Note: In any case where the RFE is issued by mail, the applicant or petitioner will receive three (3) additional days, as provided at 8 CFR 103.5(b).