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USCIS appears to have misplaced by RFE documents

Chevy Chase, MD |

I responded to USCIS’ request for evidence for adjudication of my I-485. The request was sent in June 2013 and all documentation was submitted to USCIS on July 15, 2013. I have the Fedex slip as a proof of receipt. I had placed a service request on August 28, 2013. I received a response saying they do not have my RFE response. I plan to resubmit the entire package, along with the Fedex slip and a cover letter explaining the situation. However, my question is:
1) Do I loose my place in the queue? Or will they consider the initial date of receipt as the valid one and adjudicate it in an expedited fashion.
2) Could I lose my window of opportunity (my priority date has been current since August 2013) if retrogression occurs?
Thanks in advance.

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Attorney answers 2


1. Probably not
2. Retrogression can always happen ... even if they had your RFE documents in their file.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


1. No
2. That is a possibility.

The Court of Appeals for the Fifth Circuit has stated that "federal immigration laws are exceedingly complex"

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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