Opening a Case with USCIS
- An RFE (Request For Evidence) occurs when the information submitted with your I-821D Consideration of Deferred Action for Childhood Arrivals is incomplete. Please know that an RFE is not an official acceptance or denial, but simply a request for more information before a final decision is made.
- A DACA application is submitted usually with I-821D, I-765, and I-765WS. You receive two receipt numbers, and the only one that will have a notice for an RFE will be the I-821D when entered here: https://egov.uscis.gov/cris/Dashboard/CaseStatus.do
When you have an RFE, this is what the site says after entering in your receipt number (i.e. SRC1234567890):
"On Month 1, 0000, we mailed a notice requesting evidence/information for this case to you or your representative. Please follow the instructions on the notice to submit the material requested. This case will be held in suspense until we either receive the evidence/information or the opportunity to submit it expires. A new processing period will begin when we receive your response. You or your representative will be notified by that office of a decision or if any further information or action is needed from you. If you move, please use our Change of Address online tool to update your case with your new address."
It seems like there has been a pattern of a delay of receipt of this letter, AKA I-797 Notice of Action. It has been 14 days since this information was updated for my husband's (AcostaMX) case.
I received some information today from USCIS over the phone about RFEs:
1) If you used an attorney, the attorney's address is specifically the address they will send your RFE notice to. Other forms, like initial receipt/biometrics forms, will be sent to both your attorney and you, the beneficiary. Any exceptions to this are "few and far in-between."
2) The system at USCIS requires 15 days in order to submit a service request for anything, including a non-delivery of the letter.
3) All RFE notices have a response period that is higher than 30 days. However, if you file a service request for non-delivery, it will not increase the time you have to respond; it will still have the same response date.
RFE Non-Delivery Steps
1) Has it been 15 days since the date listed as the mailing date for your RFE when you checked your status online? If you have an attorney, have you confirmed with your attorney that they have not received the letter?
If YES, proceed, if NO, please wait the entire 15 days or confirm with your attorney's office; USCIS won't be able to help you at all until it has been 15 days.
2) If it has been 15 days and you [or attorney, if applicable] have not received your RFE notice via USPS, you may call USCIS directly at 800-375-5283. They are open Monday-Friday from 8AM to 8PM, and Saturday 9AM-5PM (no time zone specified). You must have your Receipt Number (SRC1234567890) available to call.
*If you are not the beneficiary, are calling on behalf of the beneficiary, and are not their legal representative you must have the beneficiary on the line with you. USCIS will not give you specific information if they do not receive verbal consent from the beneficiary to receive/discuss information with you. We did a three-way call.
After calling USCIS at the phone number listed above, you can follow the prompts as follows:
- Press "1" for English or "2" for Spanish.
- Press "2" if you did not submit your application online (not applicable for DACA).
- Press "1" to check the status of an existing application. *They do mention something about DACA first to press "0," but this, I believe, is applicable to individuals who have not yet applied.*
- Press "1" to confirm you're checking the status of an application.
- Press "1" to confirm you know the receipt number.
- Enter your receipt number *including* the numbers 772 in place of SRC.
- Press "1" to confirm you entered SRC.
- Confirm the receipt number after it is read back to you, then press "1" to continue.
- Listen to the automated message confirming basically everything it says on the website. At the end of listening to the information, you can press "3" to "report a problem" and be transferred to a customer service representative.
- They do confirm what I stated above, you either have to be A) the beneficiary, B) the legal representative, C) the petitioner (N/A for DACA) to acquire information.
When you speak to the representative, you can confirm that you are the beneficiary and have not received your RFE. In our case, my husband began, but I had the receipt number (they ask for it again), so my husband was asked if I am authorized to share/receive information about this case.
*I will have to add the steps about Service Requests tomorrow if we don't receive it today.*
I just want to point out, this CSR told me that you do actually need the hard copy of the RFE, not just an email, because you have to send the form they sent to you back to them attached to your evidence. However, depending on the circumstances, they may be able to get an email address from you or work something out so as to send you, via email, what evidence is required so you know what to start collecting while waiting for the letter to come in the mail.