Interoffice Memorandum: Removal of the Standardized Request for Evidence Processing Timeframe Final Rule, 8 CFR 103.2(b), Significant Revision to Adjudicator's Field Manual (AFM) Chapters 10.5(a), (b); New Appendix 10-9 (AFM Update AD07-05)   [open pdf - 84KB]

"On April 17, 2007, U.S. Citizenship and Immigration Services (USCIS) published 'Removal of the Standardized Request for Evidence Processing Timeframe' in the Federal Register (FR) as a final rule. 72 FR 19100. This rule will become effective 60 days after publication in the Federal Register, on June 18, 2007. In a significant change, the final rule clearly requires applicants and petitioners to file complete applications with all supporting initial evidence. In addition, USCIS will have the option to deny incomplete applications, though it will exercise this option judiciously. The final rule 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 rule removes the fixed time of 12 weeks to respond to an RFE. 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 for 2 RFEs or the 30-day maximum limit for NOIDs, or beyond a shorter response time set by USCIS. The rule modifies when USCIS must issue an RFE or NOID before denying an application or petition. Nonetheless, the rule does not eliminate the general requirement that a petitioner or applicant be provided with the opportunity to review and rebut derogatory information of which he or she is unaware. "

Report Number:
HQ 70/11, 70/12 : AFM Update AD07-05
Public Domain
Retrieved From:
U.S. Citizenship and Immigration Services: http://www.uscis.gov/
Media Type:
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