Trixie_b

I applied to remove GC conditions, I sent what I thought was a pretty complete package, but was given a RFE

On discussions with you guys, I realised I had just provided info from now, not for the last 2 years.
I endevoured to get that information together.

I admit that I sat on it for a little while, while I could have gathered that stuff together and then dislocated my right shoulder meaning digging through files and copying was difficult, driving to the post office was a pain etc.
However, I really tried not to miss the RFE date - actually I have proof of postage 5 days before the deadline.

Unfortunatly, the post office took 8 days to get it there (1st class mail?)- I missed the date by 3 days.


Now I'm really panicking.

Any advice for me?

Noorah101

If you look at the RFE itself, does it specify if the deadline date is:

1. The date it's postmarked; or
2. The date they receive it

?

Rene

Trixie_b

It says:

Note you are given until March 16, 2010 in which to submit the requested information......

(The delivery was March 19th)

What do you think?

Noorah101

I think they mean as long as it's postmarked by March 16.

Rene

S Folinsky

Query: when was the rule changed?

fatbrit

Please sir, I know this one!

July 4, 1776

Noorah101

Uh-oh.

fatbrit

She may be okay.

8 CFR 103.5(b) gives 3 grace days for mailing.

Trixie_b

While you all know I love you all..... Please try and give me an answer.

Folinski - I take it that from you experience - I'm screwed?

Fat Brit - I love your hope.... do I need to google?

fatbrit

Google, find the regulation, and count on your fingers. Beware though, legal types sometimes count funny.

fatbrit

Here you go:

(b) Effect of service by mail. Whenever
a person has the right or is required to
do some act within a prescribed period
after the service of a notice upon him
and the notice is served by mail, 3 days
shall be added to the prescribed period.
Service by mail is complete upon mail-
ing.

Trixie_b

I've had a couple of glasses of wine right now, and hope is my friend!

A) I'm hoping that 3 days grace on the Postage applies.

B) I'm hoping that if it doesn't, that my original submissions make the grade

C) I'm hoping that if my original submission don't make the grade that we get an interview and that after that, all is OK.


OK, for if I've inadvertently not responded to the RFE - what's the next step?

Trixie_b

FB, if this is the case, I'm gonna snog the face off you!

I needed to respond by 16th march - the mail was delivered on 19th.

I am so mad at myself for not being on top of this. Injuring myself badly made me take my eye off the ball, and I did leave it till the last moment.
No excuse. It was my fault.

fatbrit

How many days between the date on the letter and the deadline they gave you? If it's exactly 30, I'm 99% certain you've actually got 33 days since they mailed it.

janadeen

Trixie – no one on the board can tell you the exact outcome.

Because you cant turn back the hands of time, there’s practically nothing you can do to change the matter.

They gave you a date to get it in – you missed the date.

All you can do is hope for the best, no ... ?

Wishing you luck!