Is it better to submit time-sensetive unsocliceted evidence with premium processing or wait for RFE
I am planning to submit premium processing, and I have asked one of the lawyers who mentioned the trojan strategy of submitting unsolicited evidence with premium processing papers instead of waiting for an RFE - these include mou's and lou's and evidence of business establishment in the US that was not there in the initial filling in addition to some other cruicial recommendations and evidince. So, is it better to wait for an RFE or just submit the evidence with form i-907?
Depending upon the applicability and necessity of the additional evidence it is not better to wait for an RFE and to submit the evidence with form i-907.
Please acknowledge my answer as "BEST ANSWER" and/or "HELPFUL"? If you think so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
Is it better to submit time-sensetive unsocliceted evidence with premium processing or wait for RFE?
In my view, it is better to submit your evidence now rather than wait for an RFE.
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship. This answer may have been generated with the help of artificial intelligence.
While there are two (2) schools of thought on this one among us lawyers, my position has (almost) always been that for premium-processing I-140s, it is almost always better to submit your new evidence now (as "unsolicited evidence") rather than wait for an RFE — especially if the evidence in question is time-sensitive, strengthens multiple criteria, or fills gaps in your original filing. Waiting for an RFE can cost you precious time, and premium processing does not prevent USCIS from issuing an RFE anyway - bien au contraire! the PPS Unit is notorious for being trigger happy in issuing RFEs, given that it's a small Unit and with everyone but their proverbial uncle either pressuring their employer or filing PPS themselves, a "defensive RFE" let's them abide by their "response guarantee deadline", keep the extra PPS fee & give them much needed breathing room to adjudicate the avalanche of PPS cases on their desk.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Board Certified Specialist in U.S. Immigration Law, The State Bar of California...
