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Andrea P
Sep 8, 2024
Case denied due to 1-day delay after an anyhow incorrect deadline - what can I do?
Hey everyone! I filed a regular-processing self-petition for an EB2-NIW in January, with a priority date of January 19th. On June 5th, I received an RFE from TSC (dated June 7th, oddly enough) for all three prongs. It seemed like the officer didn’t really read my cover letter and instead quickly reviewed the evidence, resulting in a total misunderstanding of my endeavor. I took my time with the response, redrafting a more detailed cover letter and strengthening my case with additional evidence, two new expert recommendation letters, and a much-improved business plan. The RFE stated that my response needed to be received by September 3rd. Last week, I sent my response from Germany via UPS Express, with a commitment for delivery by August 30th at 10:30 AM. Unfortunately, UPS made several errors, and the package was delivered on September 4th—one day late. Yesterday, on September 5th, my case was denied. Now, I have two questions for anyone who might have gone through something similar: 1) The RFE response still hasn’t shown up in the system. My case status went straight from “Request for Additional Evidence Was Sent” to “Case Was Denied.” From what I’ve read, it usually takes a few days for RFE responses to be processed and registered. Why would the officer deny my case so quickly without waiting for a potential response still hanging in the mail room? 2) I live abroad, and according to the USCIS Policy Manual (Chapter 6 – Evidence), I should have been given an additional 14 days for mailing time on top of the 84-day deadline, rather than just 3 days i.e., 98 days instead of 87. This would mean my actual deadline was September 13th, not September 3rd. After the RFE response was delivered, I sent a physical letter to the officer explaining the delay. I also provided proof that UPS had committed to delivering the package by August 30th, and I pointed out that I should have been granted the additional 14 days for mailing. This letter is scheduled to be delivered on Monday. Has anyone gone through something like this? Given the apparent legal error in calculating the deadline, should I request a “Service Motion to Reopen” from USCIS? I’d really appreciate any advice or insights! Thanks!
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