How Long After RFE Is Interview (And Why)?

Exact Answer: Up To Sixty Days

RFE stands for request for evidence. It is a request to petitioners for citizenship, residency, employment visas, and family visas. The United States Citizenship and Immigration Services is responsible for issuing the bid on behalf of the government authorities. RFE is issued in petitions such as alien worker authorization, immigrant worker authorization, and family visas.

RFE is requested in those cases where the adjudicator feels that the evidence provided to approve the petition is not sufficient. But it may be possible that the petition is redeemable, and there are no statutory basis or clear facts to deny the petition.

How Long After RFE Is Interview?

While requesting an RFE, the adjudicator needs to clarify what types of evidence are missing in the petition and what must be submitted. It must be made sure that the additional evidence asked must have all the information to fill in to counter any problems or inconsistencies found in the previously submitted evidence. However, in no way can an adjudicator ask for more evidence if there are already enough proofs to approve the petition. RFE is always sent to the petitioner, and it’s the petitioner’s responsibility to make sure that the request’s response is sent by the petitioner itself and not through the beneficiary.

There is also a Request of Clarification which is similar to RFE. But in this case, the petitioner does not need to submit any evidence; instead, the petitioner needs to clarify the doubts personally. Sometimes the petitioner tries to mislead the adjudicator by providing wrong or incomplete evidence. If the adjudicator feels that the petitioner is wasting time, they can reject the petition, and legal actions can be taken against the petitioner.

Cases Of RFETime Taken For Interview
Standard casesThirty to sixty days
Premium casesFifteen to thirty days

The time taken for the interview after the RFE has been asked depends on the petitioner’s case. If the petitioner has filed the petition under the premium processing system, the interview will be conducted within thirty days. In comparison, the time for a discussion in standard cases falls mainly between thirty to sixty days. The cost for premium processing is higher than that of standard processing.

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Why Does It Take So Long To Interview After RFE?

The interview is scheduled so long after RFE because the adjudicator needs to ensure that all the evidence submitted by the petitioner is correct. Also, it takes time to come to a judgment after understanding all the evidence. Multiple types of evidence can be requested, such as the petitioner’s ability to pay, its prior work experience, the present or past stays of the petitioner in the United States, documents supporting the claim of the petitioner, educational background to ensure the knowledge of the petitioner and a few others.

However, it is the choice of the petitioner whether to respond to the request or not. The petitioner can either submit all the evidence asked by the adjudicator or can submit partial proof. In case of partial evidence, the adjudicator needs to decide with the help of the earlier and partially provided evidence. The petitioner can also deny form submitting any further evidence, which mainly results in rejection of the petition. The petitioner can also withdraw the plea.

In genuine cases, the petitioner should remove any inconsistencies in the petition before submitting it. They should also ensure that enough evidence has been submitted to the adjudicator not to need an RFE. If the petition is related to financial things, then providing the evidence with precise data should be preferred. The petitioner should also ensure that all the evidence submitted is easy to understand.

Conclusion

Overall, it can be concluded that a request for evidence is only issued when the adjudicator feels that there is a need for more evidence to come to a final decision. The adjudicator clarifies what evidence is missing and what the inconsistencies are in the documents submitted.

On average, it takes fifteen to sixty days for the interview after the RFE has been issued. The exact time depends on whether the petitioner has gone for premium processing or standard processing. The petitioner can either submit all the documents or even withdraw the plea after issuing the RFE. After that, it is up to the adjudicator to come to a decision.

References

  1. https://brill.com/view/journals/jocp/aop/article-10.1163-26660393-BJA10003/article-10.1163-26660393-BJA10003.xml
  2. http://jlcjnet.com/journals/jlcj/Vol_3_No_1_June_2015/12.pdf
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