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The United States Citizenship and Immigration Service (USCIS) recently found that some Requests for Evidence (RFE) were issued to petitioners for Special Immigrant Religious Workers (Form I-360) that did not take into account the supporting evidence that was included with the petition. These generic RFEs requested evidence with respect to every eligibility criteria, regardless of the evidence initially submitted by the petitioner.
On January 29, 2007, USCIS discontinued use of generic RFEs. According to the USCIS, affected petitioners do not have to respond to these generic RFEs. However, affected petitioners can, if they choose, respond to these RFEs pointing out the evidence already submitted and submitting any other missing evidence. The USCIS says that petitions will not be denied for abandonment for failure to respond to these generic RFEs.
After reviewing each of these petitions, USCIS, if needed, will send a case-specific RFE to affected petitioners to request the specific additional supporting evidence required for adjudication. After USCIS receives the petitioner’s response to that case-specific RFE within the timeframe specified in the RFE, a decision will be made on the case.