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What are some of the most common reasons that an RFE would be issued in a provisional waiver case. An attorney prepped my "package" and I provided loooots of evidence even a psych evaluation to support. What are the most common reasons why these are issued? Thank you.
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Law Offices of Daniel Shanfield - Immigration Defense, PC
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Good question. Your RFE should have listed the specific ways it has determined your I-601A has fallen short. However, USCIS in general is focusing on financial hardship to the qualifying relative on the extreme hardship claim. Your RFE though should provide specific guidance.
USCIS is giving everyone a real hard time on I-601As. Many attorneys are convinced that USCIS is automatically issuing RFEs without even reading the application, since most of the RFEs look the same and don't cite specifically where the application is inadequate. The feeling is USCIS doesn't like the provisional waiver policy and is being hostile to these I-601A applications.
I hope that answers your question. Good luck on your RFE response.
Daniel Shanfield, Esq. - Immigration Defense PC
Answered on Oct 24th, 2014 at 10:48 AM