USCIS Sets 30 Days as Standard RFE Response Time for I-601A Provisional Unlawful Presence Waiver

by | Apr 19, 2013 | News

In a recent policy memo, USCIS announced that it is limiting the response time to 30 days for a request for additional evidence (RFE) issued in response to a I-601A provisional unlawful presence waiver application, rather than the normal 84 days for RFE responses. When an applicant receives an RFE by mail, three additional days are provided for the response. 

USCIS and the Department of State (DOS) closely coordinate the implementation of the provisional unlawful presence waiver process, thus the 30-day RFE timeframe, states USCIS, will help streamline USCIS processing, prevent delays at the National Visa Center (NVC) and at consular posts, and allow applicants to complete immigrant processing in a more timely manner. Currently, the agencies act simultaneously, with USCIS adjudicating the Form I-601A at the same time DOS collects required information from the applicant to complete the immigrant visa packet. DOS holds the scheduling of the immigrant visa interview until USCIS has notified the NVC of its decision on the Form I-601A.  Adjudicators may, however, increase the response time for the Form I-601A after obtaining supervisory concurrence and when warranted by circumstances.