My I-485 status is pending due of a RFE letter sent out on the 22_nd of March 2013.I haven't received anything yet and there's been more then 8 business days already. My lawyer didn't receive anything either.Do USCIS sends 2 hard copies of a RFE letter, for me and for my lawyer, or just one for my lawyer?Is there a way to can track where the letter is?I have to mention that the lawyer filled and filed the papers for me.
Thank you very much for your help.
They use regular mail; No trucking number; You can and should schedule an inforpass and figure out where it was mailed.
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In theory USCIS sends duplicate RFE notices (one to you and one to your lawyer). In practice, it can go to one, both, or neither of you.
While your case may not be denied for failure to respond if an RFE is not properly mailed, it is best to follow up if the USCIS online system indicates an RFE was issued but has not arrived within two weeks.
If after two weeks the RFE has not materialized, your lawyer should contact USCIS on your behalf and request a new RFE be issued.
Most RFE notices allow 87 days for a response. This is almost always true for I-485 RFE notices. The shortest amount of time given is 30 days.
As you likely have 3 months to respond, you should be just find allowing a few more days to pass before requesting your lawyer to contact USCIS to re-issue the RFE notice.
Unfortunately there is no way to track the RFE notice, however USCIS will be able to determine from their system whether or not the notice was properly delivered or whether it was returned to sender.
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If your lawyer filed it then he/she likely used a courier company or USPS tracking. Ask them to provide proof of same.
As an initial matter, your lawyer should be answering these questions for you. However, generally speaking, USCIS will send the RFE to your lawyer as counsel of record. Notwithstanding, there are often clerical errors by USCIS and it does not happen that way so if you receive a copy you want to bring it to your lawyers attention even if it indicates that he was sent a copy.
Keep in mind that it can take 7 to 10 days to receive correspondence from USCIS and that the correspondence rarely leaves the facility the same day it is generated. It can often take 2-3 days for outgoing mail to be processed by the mail room. In your case you indicate that the RFE was generated on March 22nd which is a Friday. I doubt it left the facility before Monday the 25th at the earliest. You attorney should probably have it any day now.
You have retained counsel to assist you and unless you are unsatisfied with him or her, relax and let them do what you retained them to do for you.
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