What To Do When You Receive An RFE: The Dos and Don'ts
Oct 22nd 2013, 2:57 pm
#1
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What To Do When You Receive An RFE: The Dos and Don'ts
Oct 22nd 2013, 9:55 pm
#2
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Re: What To Do When You Receive An RFE: The Dos and Don'ts
Ian
Oct 22nd 2013, 11:52 pm
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Re: What To Do When You Receive An RFE: The Dos and Don'ts
Case by case.
Oct 23rd 2013, 6:03 pm
#4
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Re: What To Do When You Receive An RFE: The Dos and Don'ts
You (yes, you! 
) taught us that there were, in fact, 3 ways to respond to an RFE... none of which was "withdraw the petition".
That is to say:
1) Respond giving them exactly what is asked for, and ask that they continue processing the case taking into consideration the new information;
2) Respond giving them some of what is asked for, and ask that they continue processing the case taking into consideration the new information; and
3) Respond giving them none of what is asked for, and ask that they continue processing the case as it is.
Did I get that wrong all these years?
Ian
) taught us that there were, in fact, 3 ways to respond to an RFE... none of which was "withdraw the petition".That is to say:
1) Respond giving them exactly what is asked for, and ask that they continue processing the case taking into consideration the new information;
2) Respond giving them some of what is asked for, and ask that they continue processing the case taking into consideration the new information; and
3) Respond giving them none of what is asked for, and ask that they continue processing the case as it is.
Did I get that wrong all these years?
Ian
Oct 23rd 2013, 7:21 pm
#5
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Re: What To Do When You Receive An RFE: The Dos and Don'ts
f
The regulation has been revised somewhat, but the bottom line is still the same -- the one thing that can't be done is to ignore the RFE.
However, withdrawal is an option. At least it avoids an outright denial. I believe Orlando was being practical.
You (yes, you! ) taught us that there were, in fact, 3 ways to respond to an RFE... none of which was "withdraw the petition".
That is to say:
1) Respond giving them exactly what is asked for, and ask that they continue processing the case taking into consideration the new information;
2) Respond giving them some of what is asked for, and ask that they continue processing the case taking into consideration the new information; and
3) Respond giving them none of what is asked for, and ask that they continue processing the case as it is.
Did I get that wrong all these years?
Ian
) taught us that there were, in fact, 3 ways to respond to an RFE... none of which was "withdraw the petition".That is to say:
1) Respond giving them exactly what is asked for, and ask that they continue processing the case taking into consideration the new information;
2) Respond giving them some of what is asked for, and ask that they continue processing the case taking into consideration the new information; and
3) Respond giving them none of what is asked for, and ask that they continue processing the case as it is.
Did I get that wrong all these years?
Ian
However, withdrawal is an option. At least it avoids an outright denial. I believe Orlando was being practical.
Oct 24th 2013, 1:43 pm
#6
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Re: What To Do When You Receive An RFE: The Dos and Don'ts
So after reading this, I am now even more nervous/confused, as I have been informed that there is a denial on it's way to us 
with no RFE. This was only after chasing them up since their processing time is 4 months and we were at 8 months. I am on day 12 of the wait..with nothing in the mail 
and I can't call them until after 15 days. This is probably the most stressful part in the last 7 years, I have no clue what's going to happen 
with no RFE. This was only after chasing them up since their processing time is 4 months and we were at 8 months. I am on day 12 of the wait..with nothing in the mail and I can't call them until after 15 days. This is probably the most stressful part in the last 7 years, I have no clue what's going to happen
Oct 24th 2013, 2:32 pm
#7
Mouthy Yank
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Re: What To Do When You Receive An RFE: The Dos and Don'ts
Denials also come with an explanation and an opportunity to remedy the deficiency, if appropriate. Line up a good attorney in case you need one, and wait for instructions.
Oct 24th 2013, 2:49 pm
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Re: What To Do When You Receive An RFE: The Dos and Don'ts
Oct 24th 2013, 2:56 pm
#11
Mouthy Yank
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Re: What To Do When You Receive An RFE: The Dos and Don'ts
All you have to say, in that case, is "I called a few days ago, but I still have some questions; can you help me?"
Oct 24th 2013, 3:41 pm
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Re: What To Do When You Receive An RFE: The Dos and Don'ts
Thanks guys, I'm going to let my OH call them this time
Oct 24th 2013, 3:51 pm
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Re: What To Do When You Receive An RFE: The Dos and Don'ts
Most recently many attorneys are seeing denials which take three pages to state: You applied for "x" benefit. They then quote the applicable regulation and statutory provisions. There is then a note that "burden of proof" is on the applicant. There is then a conclusion that the applicant failed to meet their burden of proof and the application "must" be denied.
Not a word of explanation will appear. It is annoying. And the clients balk at paying the additional attorney fees for something that is the fault of the Dark Forces. The clients are also annoyed that given the lack of explanation from the Dark Forces, the attorney is unable to offer an explanation.
Oct 24th 2013, 3:57 pm
#14
Mouthy Yank
Joined: Oct 2012
Posts: 2,229
Re: What To Do When You Receive An RFE: The Dos and Don'ts
Thank you for a description of what the Dark Forces are supposed to do.
Most recently many attorneys are seeing denials which take three pages to state: You applied for "x" benefit. They then quote the applicable regulation and statutory provisions. There is then a note that "burden of proof" is on the applicant. There is then a conclusion that the applicant failed to meet their burden of proof and the application "must" be denied.
Not a word of explanation will appear. It is annoying. And the clients balk at paying the additional attorney fees for something that is the fault of the Dark Forces. The clients are also annoyed that given the lack of explanation from the Dark Forces, the attorney is unable to offer an explanation.
Most recently many attorneys are seeing denials which take three pages to state: You applied for "x" benefit. They then quote the applicable regulation and statutory provisions. There is then a note that "burden of proof" is on the applicant. There is then a conclusion that the applicant failed to meet their burden of proof and the application "must" be denied.
Not a word of explanation will appear. It is annoying. And the clients balk at paying the additional attorney fees for something that is the fault of the Dark Forces. The clients are also annoyed that given the lack of explanation from the Dark Forces, the attorney is unable to offer an explanation.
(goes into room and plays sad music in the dark)
Oct 24th 2013, 4:46 pm
#15
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Re: What To Do When You Receive An RFE: The Dos and Don'ts
Thank you for a description of what the Dark Forces are supposed to do.
Most recently many attorneys are seeing denials which take three pages to state: You applied for "x" benefit. They then quote the applicable regulation and statutory provisions. There is then a note that "burden of proof" is on the applicant. There is then a conclusion that the applicant failed to meet their burden of proof and the application "must" be denied.
Not a word of explanation will appear. It is annoying. And the clients balk at paying the additional attorney fees for something that is the fault of the Dark Forces. The clients are also annoyed that given the lack of explanation from the Dark Forces, the attorney is unable to offer an explanation.
Most recently many attorneys are seeing denials which take three pages to state: You applied for "x" benefit. They then quote the applicable regulation and statutory provisions. There is then a note that "burden of proof" is on the applicant. There is then a conclusion that the applicant failed to meet their burden of proof and the application "must" be denied.
Not a word of explanation will appear. It is annoying. And the clients balk at paying the additional attorney fees for something that is the fault of the Dark Forces. The clients are also annoyed that given the lack of explanation from the Dark Forces, the attorney is unable to offer an explanation.
