NSC has reopened I-140 cases in this situation where the attorney of record has reported the problem through liaison in a timely manner. Then the problem becomes one of convincing NSC to reopen the case because no RFE was ever received - in this situation, documentary proof of nonreceipt is not possible. The RFE was sent to an incorrect address, or the Service was notified in writing of a change of address subsequent to filing and before the RFE was sent, and the RFE did not go to the new address.Īlthough it is standard practice for NSC to send an I-140 RFE to both the petitioning employer and the attorney of record, sometimes neither party receives the RFE, and the first indication of a problem occurs when the attorney receives a denial notice.The required initial evidence was submitted with the petition or the RFE was complied with during the allotted period or.The requested evidence was not material to the issue of eligibility or.A denial based on abandonment triggers specific regulations that severely restrict a petitioner's options: (a) no appeal is allowed under 8 CFR 103.2(b)(15) and (b) any motion to reopen or reconsider must meet the extremely restrictive criteria set at 8 CFR 103.5(a)(2), which requires that the motion be submitted with evidence that the decision was in error because: If a petitioner fails to respond to an RFE, NSC will normally deny the petition as "abandoned." Attorneys should carefully review decisions for this abandonment language. ![]() ![]() The tip includes: instructions on responding to RFE within the regulation's short timeframe instructions to follow after a petition has been denied as abandoned for failure to respond to an RFE and instructions for requesting reopening where an RFE was never received.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |