Update: USCIS has Issued a “Notice to Disregard” its previously issued I-485 RFEs asking Derivative Beneficiaries for Principle Applicant Evidence

By Ashwin Sharma, Esq. 07/01/201

Our firm has received several “Notices to Applicants” from USCIS today which confirmed our prediction that USCIS had erroneously issued the large numbers of I-485 Requests for Evidence (RFE) requesting Principle Applicant evidence (letter from employer, etc) from Derivative Applicant spouses.  We thank USCIS for clarifying this situation quickly; these RFE’s caused a great deal of confusion among applicants and their attorneys, especially in light of the potential for upcoming PD movement.

The USCIS Notice to Applicant indicates the following:

“NOTICE TO APPLICANT

In an effort to prepare visa-retrogressed employment-based applications for adjustment of status, Form I-485, USCIS recently mailed a standard Request for Evidence (RFE) to certain applicants. The RFE was mailed to applicants who may be impacted by additional Department of State priority date movement for certain visa preferences.

USCIS has become aware that RFEs intended only for principal applicants were erroneously mailed to derivative applicants. Those RFEs include the following statement: ‘You are an Employment-Based Principal Applicant.’If you are a derivative applicant and have received an RFE which includes that statement (‘You are an Employment-Based Principal Applicant’), please disregard that RFE. Your application will not be denied for failure to respond to that RFE. 

Please note that you are required to respond to any other RFEs addressed to you.”

—- By Ashwin Sharma, Esq. 07/01/2013