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Immigration Law of Montana

Christopher J. Flann, Attorney

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Blog

What a 221(g) Refusal Means — And Why It’s Not the End of the Road

June 6, 2025 by Admin-ILM

At our office, we know how long and emotionally difficult the immigration process can be—particularly when you’re applying for a family-based or employment-based visa after a U.S. petition has already been approved. By the time you attend your interview at a U.S. embassy or consulate abroad, you’ve likely already waited years.

So, it can be alarming to hear the consular officer say your visa is “refused” under INA § 221(g)—or to check your case online and see that dreaded word: “Refused.” Many clients think their case is over. But in most cases, this isn’t a denial at all.

Here’s what’s really going on—and how we can help.

The Bottom Line: 221(g) Is NOT a Denial

A 221(g) refusal is temporary administrative processing—not a final denial.

Under section 221(g) of the Immigration and Nationality Act, a consular officer must either approve or refuse a visa at the time of the interview. When they issue a 221(g), it’s a “soft refusal”—a procedural hold while the consulate waits for more information or completes additional review.

This is routine now. What used to be unusual has become increasingly common. Many of our family-based clients receive 221(g) notices and are approved within days or weeks without any action required from them.

What Happens Next?

If you received specific document requests: You have one year to submit them. We help clients gather and submit these quickly and correctly.

If no documents were requested: Your case is in administrative processing. The State Department aims to complete most cases within 60 days, though some take longer depending on the reason for the delay.

Either way: We monitor your case status and follow up appropriately with the consulate to keep things moving.

How We Help After a 221(g)

When you receive a 221(g) refusal, we step in immediately to:

  • Gather any requested documents quickly and correctly
  • Track your case status through the CEAC system
  • Communicate with the consulate when appropriate
  • Provide legal explanations when clarification can resolve issues

In most family-based cases like yours, we’re able to get the visa issued without significant delay—often it’s just a matter of patience while routine background checks complete.

When Cases Take Longer

Some cases remain in administrative processing for months, particularly when security screenings are involved. The reason for delay varies—it’s not “one-size-fits-all.” If your case extends well beyond reasonable timeframes, we’re prepared to discuss additional options, including federal court litigation to compel action.

In Summary

A 221(g) refusal is temporary and usually resolves on its own or with minimal action. As your attorneys, we guide you through this phase and keep your case moving forward.

The key point: Don’t panic when you see “refused.” In most cases, it becomes “approved” with time.

Want to Learn More About 221(g)? Keep Reading…

For those who want comprehensive details about administrative processing, common scenarios, and timing expectations, here’s the complete picture:

Why 221(g) Has Become So Common

Administrative processing has increased significantly in recent years. The consular officer may need additional time to review complex cases, verify employer information, or complete routine security screenings that are now standard for many applicants.

Common Scenarios We See

Document-Related Issues:

  • Missing or outdated civil documents (marriage certificates, police clearances)
  • Incomplete financial documentation (I-864 affidavit of support issues)
  • Clarification needed about employment or relationship details

Administrative Processing Without Document Requests:

  • Routine background checks – Standard for most applicants regardless of country
  • PIMS system delays – When your approved petition hasn’t been uploaded to the consulate’s database
  • Employer verification – Particularly for complex employment situations
  • Security screenings – More extensive for applicants from certain countries or with specific travel histories

The Reality About Timing

While the State Department aims for 60-day completion, actual timing varies significantly:

  • Simple document issues: Often resolved in days or weeks once submitted
  • Routine administrative processing: Typically 4-8 weeks for family cases
  • Security-related cases: Can extend several months, particularly for applicants from Middle Eastern countries
  • Complex employment verification: Variable timing based on employer responsiveness

What You Can and Cannot Do

You can:

  • Submit additional documentation anytime during processing
  • Check case status via the CEAC system
  • Contact the consulate for status updates (sparingly)

You cannot:

  • Speed up the process through contacts or expedite requests
  • Get specific timelines – each case is unique
  • Avoid the requirement to disclose 221(g) as a “refusal” on future applications

When to Consider Legal Action

If your case remains stalled beyond reasonable timeframes with no explanation, federal court litigation may be an option. This is rare but can be effective when administrative processing extends unreasonably without justification.

Ready for personalised guidance? Contact us to discuss your specific 221(g) situation and develop a strategy to move your case forward.

Filed Under: Blog

Divorced? You Can Still Get an I-751 Waiver and Keep Your Green Card — Here’s How

June 6, 2025 by Admin-ILM

If your marriage to a U.S. citizen ended in divorce before you could jointly file Form I-751, you may still qualify to remove conditions on your green card. With the right evidence, a good-faith I-751 waiver can help you move forward legally and confidently.

In this guide, we’ll explain what a good faith waiver is, how to prove your case, what to expect from USCIS, including potential Request for Evidence (RFE) notices, and how legal guidance can make a difference.

Current Processing Times & Updates (as of August 2025)

As of August 2025, USCIS processing times for I-751 petitions vary by service center but typically range from 18-33 months. However, processing times change frequently, so check the current USCIS processing times for your specific service center before filing. 

Recent USCIS policy clarifications have reinforced that good faith waiver applicants have greater filing flexibility than joint filers, making it even more important to understand your options if divorce occurs during your conditional period.

What Is a Good Faith I-751 Waiver?

A Good Faith I-751 Waiver is not a separate form—it is a type of request made within Form I-751, the petition used to remove the conditions on a 2-year marriage-based green card. Normally, this form is filed jointly by both spouses. However, if you’re divorced, you can file it alone by requesting a waiver of the joint filing requirement. You do this by checking the box on Form I-751 that states your marriage was entered into in good faith but ended in divorce or annulment.

This waiver tells USCIS that your marriage was real and not just for immigration purposes, even though it didn’t last. You must include strong evidence to support the authenticity of the relationship.

This waiver could be used for conditional permanent residents who:

  • Received a 2-year conditional green card through marriage to a U.S. citizen, and
  • Divorced during these 2 years.

Under 8 CFR § 1216.5(a)(1)(ii), USCIS allows individuals to file alone if:

“The marriage was entered into in good faith by the conditional resident alien, but the marriage was terminated…”

In short, your marriage must have been real, not for immigration purposes, even if it ended in divorce.

How to Prove Good Faith in an I-751 Waiver Petition

To avoid I-751 denial after divorce, USCIS needs convincing evidence that your relationship was legitimate. Strong applications include:

  1. Proof of a Shared Life

Birth certificates of any children.

Joint bank accounts, insurance policies, or credit cards.

Shared leases or mortgages.

Utility bills and tax returns.

Travel records, photos, and correspondence.

Signed affidavits from friends, relatives, or coworkers familiar with your relationship.

  1. Your Personal Affidavit

Your story is powerful. Describe how you met, the development of your relationship, major life events, your shared home, and why the marriage ended. USCIS pays close attention to this personal narrative, especially when other documentation is limited.

  1. Explaining Missing Evidence

If your spouse was uncooperative or controlled access to records, include a detailed explanation. USCIS understands real-life complications, particularly in difficult or imbalanced relationships.

When Should You File Your I-751 Waiver?

Timing matters, but you may have more flexibility than you think.

For joint petitions, Form I-751 must be filed within the 90-day window before the second anniversary of receiving conditional permanent resident (CPR) status. This is when both spouses typically submit the petition together.

But if you’re applying for a good-faith waiver after divorce, the rules are different, and potentially in your favor.

You Can File a Waiver Anytime You’re Eligible

According to the USCIS Policy Manual, a conditional resident requesting a waiver does not need to wait for the 90-day period. You can file:

  • Before the 90-day window.
  • During the 90-day window.
  • After the 90-day window.
  • Even after your green card expires, as long as a final removal order hasn’t been issued against you.

If you are already in removal proceedings, you can still file the waiver, but only before the immigration judge issues a final order. This creates a critical time-sensitive situation where immediate legal action is essential. In removal proceedings, your I-751 waiver can serve as a defense against removal, but the immigration court process operates on a different timeline than USCIS administrative processing. An experienced immigration attorney can help coordinate your waiver filing with your removal defense strategy to maximize your chances of success.This means once the immigration judge issues a final removal order, the opportunity to file the waiver ends, and alternative legal strategies must be considered. That’s why it’s so important to act fast and work with an experienced immigration attorney who can protect your status in time.

What Happens If You Receive a Request for Evidence (RFE)?

It’s common for applicants to receive an RFE, asking for more information. But it’s also a critical moment: one misstep could cost you your green card.

An RFE means USCIS needs additional proof before making a final decision. Typical reasons for an I-751 RFE include:

  • Insufficient documentation
  • Gaps in the timeline of your relationship
  • Missing or unclear personal statements
  • Conflicting details in affidavits or records

 

Responding promptly and thoroughly is crucial. A strong legal team can help you analyze the RFE, gather the right evidence, and prepare a detailed response that resolves USCIS concerns.

Does Filing a Waiver Extend Your Legal Status?

Yes. USCIS automatically extends your conditional green card for 48 months (4 years) when you properly file Form I-751. This means:

  • You remain authorized to work.
  • You can legally live in the U.S.
  • You can continue your life without fear of falling out of status.

This extension applies while your petition is under review, even if your green card has technically expired. It gives you valuable peace of mind while your case is being processed.

Can You Travel Abroad While Your I-751 Waiver Is Pending?

Yes, but with caution. If you have properly filed Form I-751 and received your receipt notice (Form I-797) confirming the 48-month automatic extension of your conditional green card, you are generally allowed to travel internationally and re-enter the U.S.

However, travel is not recommended if:

  • You’re in removal proceedings.
  • Your conditional green card has already expired, and you don’t have your receipt notice or extension letter in hand.
  • You have other unresolved immigration issues.

You must carry your expired green card and the I-751 receipt notice when traveling to prove your extended lawful status. But because travel during this process can be risky, especially if you’re awaiting a decision or in removal proceedings, it’s strongly advised to consult an immigration attorney before leaving the U.S.

Why Legal Support Is Key?

Filing a good-faith I-751 waiver is more than just paperwork—it’s telling your truth in a way that USCIS can understand and trust. Any mistake, inconsistency, or missed deadline can lead to denial or removal proceedings before an Immigration Judge.

At Immigration Law of Montana, P.C., we’ve helped countless clients navigate these high-stakes waivers with clarity, compassion, and precision.

Just because your marriage ended doesn’t mean your green card has to. If your relationship was sincere and your story is told clearly, you can still secure your future in the United States. Let our experienced legal team help you prepare your I-751 petition.

By Gabriela Veroes, Legal Assistant at Immigration Law of Montana, P.C.

Filed Under: Blog

Green Card for Spouse: A Complete Guide

November 11, 2018 by Admin-ILM

Getting a green card for your spouse remains one of the most common immigration pathways in the United States. Nearly 40% of all family-based green cards are issued to spouses each year, making this process crucial for hundreds of thousands of couples. However, significant changes in 2025 have made the process more complex and scrutinized than ever before.

After 28+ years of practicing immigration law, I’ve guided countless couples through this journey. The fundamentals remain the same, but the details—and the stakes—have changed considerably. Here’s what you need to know about getting a green card for your spouse in 2025.

What’s Changed in 2025: Key Updates

The most significant change is the reinstatement of mandatory in-person interviews for marriage-based green card applications. USCIS has implemented this requirement as part of a comprehensive anti-fraud initiative, recognizing that marriage fraud has become increasingly sophisticated.

Additionally, USCIS has updated critical forms and procedures:

  • New Form Requirements: Updated versions of Forms I-130, I-485, and I-129F with stricter formatting and anti-fraud language
  • Concurrent Medical Exam Filing: Form I-693 must now be submitted with your initial application packet
  • Enhanced Documentation Standards: Higher evidence thresholds for proving bona fide marriages
  • Stricter Payment Rules: Separate payments required for each form—no combined payments accepted

These changes reflect a zero-tolerance approach to marriage fraud while maintaining pathways for legitimate couples.

Understanding Your Situation: Which Process Applies?

US Citizen Marrying a Foreign National

If you’re a US citizen married to someone who entered the country legally, you have the most straightforward path. Your spouse may be eligible for adjustment of status, allowing them to get their green card without leaving the United States.

Key advantages:

  • No annual visa number limitations
  • Faster processing (typically 8-13 months)
  • Spouse can remain in the US during processing
  • Work authorization available while case is pending

Lawful Permanent Resident (Green Card Holder) Marrying a Foreign National

This scenario involves additional complexity. Spouses of green card holders fall under the F2A preference category, which means:

  • Visa number limitations apply – currently over 1.17 million approved petitions are waiting for visa availability
  • Longer wait times – particularly for applicants from high-demand countries like Mexico, India, China, and the Philippines
  • Two-step process – first the petition approval, then waiting for visa availability

When Your Spouse Entered Without Inspection

If your spouse entered the United States illegally, they cannot adjust status here, regardless of your marriage. They must use consular processing, which creates additional challenges:

  • Mandatory departure from the US for consular interview
  • Potential 10-year bar if they’ve been unlawfully present for over one year
  • Waiver requirements – typically the I-601A provisional waiver before departure

This scenario requires careful planning and often involves significant risk.

 

The Process: Step-by-Step for 2025

Step 1: File Form I-130 Petition

The US citizen or permanent resident spouse files Form I-130 to establish the qualifying relationship. Under 2025 requirements:

  • Must use the current form edition (check USCIS website for latest version)
  • Include comprehensive evidence of bona fide marriage
  • Pay separate filing fee (currently $675)
  • Expect enhanced scrutiny of supporting documentation

Step 2: Determine Your Path

For Adjustment of Status (if spouse is in the US legally):

  • File Form I-485 concurrently or after I-130 approval
  • Include Form I-693 medical examination (mandatory concurrent filing)
  • Apply for work authorization (Form I-765) and travel document (Form I-131) if desired

For Consular Processing (if spouse is outside the US or entered illegally):

  • Wait for National Visa Center processing after I-130 approval
  • Complete DS-260 online application
  • Attend consular interview in spouse’s home country

Step 3: Prepare for Mandatory Interview

All marriage-based applications now require in-person interviews. This represents a return to pre-2017 procedures and reflects USCIS’s commitment to fraud detection.

Interview preparation essentials:

  • Comprehensive documentation of your relationship timeline
  • Joint financial records, lease agreements, insurance policies
  • Photos spanning your relationship
  • Affidavits from family and friends
  • Detailed knowledge of each other’s background, family, and daily routines

Step 4: Conditional vs. Permanent Status

If you’ve been married less than two years when the green card is issued, your spouse receives a conditional green card valid for two years. You must file Form I-751 to remove conditions before the card expires.

Marriages of two years or more at the time of green card issuance receive immediate 10-year permanent resident cards.

Common Challenges and How to Address Them

Large Age Differences

Significant age gaps between spouses trigger additional scrutiny. Document your relationship’s development thoroughly, including how you met, courtship timeline, and shared life goals.

Different Cultural or Language Backgrounds

USCIS recognizes legitimate international marriages but looks for evidence of genuine communication and shared experiences. Translation services, travel records, and cultural integration efforts strengthen your case.

Previous Immigration Violations

Prior overstays, visa violations, or removal proceedings don’t automatically disqualify you, but they require careful legal analysis. Waivers may be available, but timing and strategy are crucial.

Military Families

Military spouses may qualify for Parole in Place, which can cure unlawful entry and allow adjustment of status in the United States. This discretionary benefit requires strong evidence of hardship and military service.

Financial Requirements: Affidavit of Support

The US citizen or permanent resident must file Form I-864, proving they can financially support their spouse at 125% of the federal poverty guidelines. Current minimums for 2025:

  • Household of 2: $26,200 annual income
  • Household of 3: $33,000 annual income
  • Additional persons: Add $6,800 per person

If you don’t meet income requirements, joint sponsors or asset-based calculations may be available.

Processing Times and Costs

Current processing times (as of 2025):

  • Form I-130: 10-15 months
  • Form I-485 (adjustment): 8-13 months
  • Consular processing: 12-18 months total

Total costs:

  • Adjustment of status: Approximately $3,005
  • Consular processing: Approximately $1,340
  • Legal fees vary but typically range from $2,500-$5,000

Red Flags That Trigger Additional Scrutiny

Based on my experience, certain factors consistently result in enhanced review:

  • Short courtship periods before marriage
  • Limited shared residence history
  • Significant financial disparities between spouses
  • Previous marriage-based petitions by either party
  • Inconsistent statements in forms or interviews
  • Lack of commingled finances or shared obligations

Why Professional Help Matters

The 2025 changes have made marriage-based green card cases significantly more complex. What used to be straightforward paperwork now requires strategic planning, comprehensive documentation, and careful preparation for mandatory interviews.

In my 28+ years of practice, I’ve seen how small mistakes can derail cases and create years of delays. The current environment demands precision and expertise to navigate successfully.

State-Specific Considerations for Montana, North Dakota, and Wyoming

Our regional location creates unique advantages:

  • Lower case volumes often mean faster processing at local USCIS offices
  • Experienced local officers who understand our agricultural and energy industry employment patterns
  • Reasonable travel distances to interview locations in Helena or Denver
  • Strong community ties that support evidence of bona fide marriages

Next Steps: Getting Started

If you’re ready to begin the green card process for your spouse, here’s what I recommend:

  1. Gather comprehensive relationship documentation – start this process early
  2. Assess any potential complications – prior immigration violations, criminal history, or complex family situations
  3. Develop a strategic timeline – coordinate work authorization, travel needs, and family planning
  4. Prepare financially – budget for government fees, legal costs, and potential travel expenses

The marriage-based green card process has become more challenging in 2025, but it remains a reliable path to permanent residence for genuine couples. With proper preparation, comprehensive documentation, and experienced legal guidance, you can successfully navigate this process.

Success in this area requires both knowledge of current law and practical experience with USCIS procedures. After nearly three decades of practice, I’ve developed the insights and strategies that make the difference between approval and denial.

Ready to start your spouse’s green card process? Contact our office to schedule a consultation and learn how we can help you navigate the 2025 requirements successfully.

Filed Under: Blog

How to Keep Your Green Card: Essential Requirements for Montana Residents

November 11, 2018 by Admin-ILM

Maintaining your lawful permanent resident (LPR) status requires understanding specific rules and avoiding common pitfalls that lead to abandonment. As Montana’s most experienced immigration attorney with 28+ years of practice, I’ve helped countless clients navigate these requirements and resolve LPR status challenges.

Understanding Green Card Maintenance: The Basics

Once you receive your green card, maintaining your status is just as important as obtaining it. The Department of Homeland Security (DHS) can challenge your LPR status if you fail to meet ongoing requirements, with abandonment being the most common reason for status loss.

Key Maintenance Requirements

Physical Presence: You cannot remain outside the United States for extended periods without proper documentation. Absences over 180 days but less than one year create a presumption of abandonment that you must overcome with evidence.

Intent to Reside: You must maintain the United States as your primary place of residence. This means keeping significant ties to the U.S., including housing, employment, family connections, and financial accounts.

Tax Compliance: Green card holders must file U.S. tax returns as residents, reporting worldwide income. Filing as a “nonresident alien” can trigger abandonment proceedings, as it indicates intent to reside elsewhere.

Criminal Record: Certain criminal convictions can result in removal proceedings and loss of LPR status.

 

Recent USCIS Changes Affecting Green Card Holders (2024-2025)

Extended Validity for Renewal Applications

As of September 2024, USCIS automatically extends green card validity to 36 months (increased from 24 months) for properly filed Form I-90 renewal applications. This provides better protection for LPRs facing processing delays.

Stricter Form Requirements

USCIS has tightened requirements for immigration forms, including:

  • Separate payments for each form (no combined payments accepted)
  • Clear processing type selections
  • Enhanced documentation requirements

Travel and Absence Guidelines

Safe Travel Periods

  • Under 6 months: Generally safe with proper documentation
  • 6 months to 1 year: Creates presumption of abandonment (rebuttable)
  • Over 1 year: Requires reentry permit or returning resident visa

Protecting Your Status During Extended Travel

Reentry Permits (Form I-131)

  • Must apply while physically present in the U.S.
  • Valid for up to 2 years
  • Provides strong evidence of intent to maintain residence
  • Essential for planned absences over 6 months

Returning Resident Visas (SB-1)

  • For LPRs who stayed abroad longer than intended
  • Requires proof that extended absence was beyond your control
  • Must demonstrate continuous ties to the United States
  • Available at U.S. consulates abroad

Tax Issues That Can Affect Your Green Card Status

Important Note: Our firm focuses exclusively on immigration law. While we can identify potential tax issues that may affect your immigration status, we do not provide tax advice. For all tax-related questions, consult a qualified tax professional.

How Tax Filing Can Impact Immigration Status

From an immigration perspective, certain tax filing patterns can create problems for green card holders:

  • Filing as a “nonresident alien” may indicate to USCIS that you consider yourself a resident of another country
  • Failure to file required U.S. tax returns can be evidence of abandonment of U.S. residence
  • Claiming foreign tax treaty benefits as a non-U.S. resident may contradict your permanent resident status

When to Consult Tax Professionals

If you have questions about:

  • Which forms to file as a green card holder
  • Tax obligations while living abroad
  • Exit tax implications of abandoning your green card
  • Amending previous returns filed incorrectly

We recommend consulting with a qualified tax attorney or CPA who specializes in international tax matters. We work with several excellent tax professionals and can provide referrals when needed.

Common Abandonment Scenarios We Handle

Scenario 1: Extended Business Assignment Abroad

Problem: Client works overseas for 18 months without proper planning Solution: Returning resident visa application with evidence of ongoing U.S. ties

Scenario 2: Family Emergency Extended Stay

Problem: Medical emergency keeps client abroad for 14 months Solution: SB-1 visa showing circumstances beyond control

Scenario 3: Tax Filing Errors Affecting Immigration Status

Problem: Client filed as nonresident alien for three years, creating immigration complications Solution: Referral to tax professional for amended returns; immigration evidence of intent to maintain residence

Red Flags: When DHS May Challenge Your Status

  • Extended absences without proper documentation
  • Establishing primary residence in another country
  • Filing taxes as a nonresident
  • Telling border officers you’re “visiting” the U.S.
  • Failure to update address with USCIS
  • Not carrying valid green card or extension documents

Proactive Steps to Protect Your Green Card

Before Extended Travel

  1. Apply for reentry permit if planning absence over 6 months
  2. Maintain U.S. address and notify USCIS of any changes
  3. Keep evidence of ongoing U.S. ties (bank accounts, property, employment)
  4. Plan return visits if absence will be lengthy

While Abroad

  1. Ensure compliance with U.S. tax filing requirements (consult tax professional)
  2. Maintain U.S. bank accounts and property
  3. Keep documentation of temporary nature of absence
  4. Return to U.S. at least every 5-6 months if possible

Upon Return

  1. Carry evidence of ongoing U.S. ties
  2. Be prepared to explain absence to CBP officers
  3. Never describe yourself as “visiting” the United States
  4. Update address with USCIS if necessary

When to Seek Legal Help

Contact our office immediately if:

  • You’ve been outside the U.S. for more than 6 months without a reentry permit
  • A CBP officer questioned your residence during reentry
  • You received a Notice to Appear in immigration court
  • You’re unsure about tax filing requirements
  • You need to apply for a reentry permit or returning resident visa

Next Steps: Protecting Your Investment in U.S. Residence

Your green card represents years of effort and significant investment. Don’t risk losing it due to misunderstandings about maintenance requirements.

Schedule a Strategy Consultation to review your specific situation and develop a plan to protect your LPR status. Our 28+ years of experience in Montana immigration law means we understand both the federal requirements and practical challenges facing clients in our region.

Whether you’re planning extended travel, facing an abandonment challenge, or simply want to ensure compliance, we’re here to help protect your path to U.S. citizenship.

 

This guide provides general information only. Immigration law is complex and fact-specific. Consult with qualified immigration counsel for advice about your specific situation.

Filed Under: Blog Tagged With: keep your green card

RFE Response Help in Montana: When Immigration Requests Can Be Fixed (And When They Can’t)

November 10, 2018 by Admin-ILM

Getting a Request for Evidence (RFE) from USCIS can feel like a punch to the gut. After months of waiting and hoping, instead of an approval, you receive a thick envelope demanding more documentation. The good news? Many RFEs can be successfully addressed. The challenging news? Some reveal problems that cannot be fixed, and knowing the difference requires experience.

After 28+ years practicing immigration law in Montana, I’ve seen every type of RFE imaginable. Some clients come to me panicked about requests that are straightforward to resolve. Others arrive with RFEs that indicate fundamental problems with their cases. Understanding which category your RFE falls into can save you time, money, and heartache.

What Is an RFE and Why Did You Receive One?

A Request for Evidence is USCIS’s way of asking for additional information or documentation before they can make a decision on your case. Think of it as the immigration equivalent of an incomplete grade in school—you have the opportunity to provide what’s missing and potentially succeed.

USCIS issues RFEs for several reasons:

Missing Documentation: You didn’t submit required supporting documents, or the copies were illegible.

Insufficient Evidence: What you submitted doesn’t fully prove your eligibility for the benefit you’re seeking.

Credibility Concerns: USCIS has questions about the authenticity of your relationship, employment, or other claimed circumstances.

Policy Changes: Immigration policies shifted after you filed, requiring additional evidence under new standards.

Officer Unfamiliarity: Sometimes officers request evidence that isn’t actually required, often due to unfamiliarity with less common case types.

The Three Categories of RFEs: Fixable, Challenging, and Fatal

Through decades of practice, I’ve learned that RFEs generally fall into three categories, each requiring different strategies:

Category 1: Easily Fixable RFEs

These are the best-case scenarios. You receive an RFE because:

  • You forgot to include a document
  • A document expired after filing
  • USCIS needs updated information (like a new medical exam)
  • Translation issues need correction

Example: A family-based green card applicant receives an RFE because their medical examination expired during the long wait time. Solution: Schedule a new medical exam with a USCIS-approved civil surgeon.

Category 2: Challenging but Addressable RFEs

These require more work but can often be resolved with the right approach:

  • Proving the legitimacy of a marriage when USCIS has credibility concerns
  • Demonstrating job requirements for employment-based cases
  • Addressing gaps in documentation for cases with complex timelines

Example: USCIS questions whether a marriage is legitimate, requesting extensive additional evidence of the relationship. With careful preparation of joint documentation, witness statements, and a strong legal argument, these cases can succeed.

Category 3: Fatal RFEs

Unfortunately, some RFEs reveal problems that cannot be fixed within the current application:

  • Fundamental ineligibility for the benefit sought
  • Criminal history that wasn’t properly addressed initially
  • Fraud or misrepresentation issues
  • Missing statutory requirements that cannot be met

Example: An employment-based applicant receives an RFE revealing that their employer never actually offered them the position described in the petition. This typically requires starting over with a new case.

The Hidden Costs of DIY RFE Responses

Many people attempt to respond to RFEs themselves, thinking they can save money. While this sometimes works for Category 1 RFEs, it often backfires for more complex issues. Here’s what I’ve observed:

Time Pressure: RFEs typically give you87 days to respond. Researching requirements, gathering documents, and preparing responses takes longer than most people expect.

Overcomplicated Responses: Anxious applicants often submit massive amounts of irrelevant documentation, which can actually hurt their cases by raising new questions.

Missing the Real Issue: RFE language can be confusing. Sometimes what USCIS is really asking for isn’t what it appears to be asking for on the surface.

One Shot Rule: If USCIS isn’t satisfied with your RFE response, they will typically deny your case. There’s rarely a second chance to get it right.

Our RFE Analysis and Response Service

After years of helping clients navigate RFEs, I’ve developed a systematic approach to evaluating and responding to these requests:

Step 1: Comprehensive RFE Analysis

I review your RFE alongside your entire case file to understand:

  • What USCIS is actually asking for (not just what they appear to be asking for)
  • Whether the request is legally justified
  • What category your RFE falls into
  • Your realistic chances of success

Step 2: Honest Assessment

I provide you with a written analysis that includes:

  • Whether your RFE can be successfully addressed
  • If problems exist that make success unlikely
  • Whether starting over with a new application might be better
  • Estimated costs for professional response versus DIY approach

Step 3: Strategic Response (If We Proceed)

For RFEs we can address:

  • Careful documentation gathering that directly responds to USCIS concerns
  • Legal arguments when USCIS requests aren’t properly justified
  • Professional presentation that addresses the real issues without creating new problems
  • Follow-up strategies if additional requests arise

When to Seek Professional Help vs. Going It Alone

Consider professional help if:

  • Your RFE is longer than two pages
  • USCIS is questioning the legitimacy of your marriage, employment, or other relationships
  • You don’t understand what USCIS is asking for
  • You’ve already made mistakes in your original application
  • The consequences of denial would be severe (deportation, family separation, etc.)

You might handle it yourself if:

  • The RFE asks for simple, straightforward documents you have
  • You understand exactly what’s being requested
  • You have time to research requirements thoroughly
  • The issue is clearly just missing paperwork

Real Examples from My Practice (Details Changed for Privacy)

Success Story: A client received a 12-page RFE questioning their marriage, demanding extensive evidence of joint life. We gathered financial records, lease agreements, insurance policies, and witness statements. We also prepared a detailed legal brief explaining why their case met all statutory requirements. Result: Green card approved.

Honest Assessment: A client came with an employment-based RFE revealing that their employer had never properly posted the required labor certification notice. The timing requirements couldn’t be met retroactively. We advised starting over with proper procedures rather than wasting money on an impossible response.

Quick Fix: A client panicked over a two-paragraph RFE requesting updated tax transcripts. We explained this was routine, helped them request the documents from the IRS, and submitted a simple response. Total cost: fraction of what a full RFE response would have required.

The Montana Advantage: Personalized Service in Immigration Law

Immigration law is federal, but the service you receive is local. When you work with our firm:

  • Direct attorney involvement: I personally review every RFE, not a paralegal or junior associate
  • 28+ years of experience: I’ve seen virtually every type of RFE and know which arguments work with different USCIS offices
  • Honest assessments: I’ll tell you if your case can’t be fixed rather than take your money for impossible situations
  • Flat fee pricing: For most RFE responses, you’ll know the cost upfront
  • Montana accessibility: You can reach me directly, not navigate through multiple layers of staff

Understanding USCIS Timing and Deadlines

RFE responses are typically due within 87 days of the date on the RFE notice. However:

  • Mail time matters: Factor in time for your response to reach the correct USCIS office
  • Completeness is crucial: Rushing often leads to incomplete responses, which usually result in denials
  • Extensions are rare: USCIS rarely grants additional time beyond the initial deadline

What Happens After You Respond to an RFE?

After submitting your RFE response:

Best case: USCIS approves your application based on the additional evidence provided.

Additional requests: Sometimes USCIS issues a second RFE, though this is less common.

Notice of Intent to Deny (NOID): If USCIS isn’t satisfied but wants to give you one final chance, they may issue a NOID.

Denial: If your response doesn’t address USCIS concerns adequately, they will deny your application.

Taking Action: Your Next Steps

If you’ve received an RFE, time is important but panic isn’t helpful. Here’s what I recommend:

  1. Don’t ignore it: RFEs don’t go away, and the deadline is firm
  2. Read it carefully: Understanding what USCIS is really asking for is crucial
  3. Assess your situation honestly: Can you realistically address their concerns?
  4. Get professional input: At minimum, have an experienced attorney review the RFE and your options

How to Get Started

Ready to get your RFE analyzed by Montana’s most experienced immigration attorney? Here’s how we can help:

Strategy Consultation: We’ll review your RFE and entire case file to give you an honest assessment of your options. You’ll leave knowing exactly where you stand and what your best path forward looks like.

RFE Response Service: If your RFE can be successfully addressed, we’ll handle the complete response using proven strategies developed over 28+ years of practice.

Fresh Start Consultation: If your RFE reveals problems that can’t be fixed, we’ll help you understand options for starting over with a stronger application.

Don’t let an RFE derail your immigration dreams. With the right analysis and response strategy, many RFEs can be successfully resolved. Contact us today to learn how we can help turn your RFE challenge into an approval success story.

Contact Immigration Law of Montana, P.C.

  • Schedule a strategy consultation online
  • Call our office directly
  • Email your RFE for preliminary review

Remember: Every day counts when you’re dealing with an RFE deadline. The sooner you get experienced help, the more options you’ll have for success.

Filed Under: Blog Tagged With: new service

H2A Visa Montana North Dakota Wyoming

February 1, 2015 by Admin-ILM

H2A visa? Well, that is what a lot of people type when looking for information on the visa for temporary agricultural workers. But, some people look for information on that visa using the term that the government uses, H-2A. People using different terms to search for the same thing present a problem for the person wanting to reach people with information. Google does not seem recognize H2A and H-2A as being the same thing.

H2A Visa

H2A Visa Solution

It wouldn’t make any sense to copy all the content over from my article on the H-2A visa in our guide to US visa types to a new page about the H2A visa. Google would probably penalize us for duplicate content. So in creating this post, I am pointing you to good information on the visa for temporary agricultural workers, our article on H2A visas in the guide.

How We Can Help

If your farm or ranch is located in Montana, North Dakota, Wyoming and you need temporary help, we can help with an H2A visa application. Please contact us.

Filed Under: Blog

Check Visa Status

January 13, 2015 by Admin-ILM

How do you check visa status? A lot of different visa types require that you first make an application to the USCIS here in the United States to get an approval. If the beneficiary of the visa application, the person who will receive the visa, is not in the United States the approval is then transferred to the US Consulate with jurisdiction over the beneficiary. The beneficiary is then required to apply for the visa. [Read more…] about Check Visa Status

Filed Under: Blog Tagged With: check on visa status, check visa, check visa status, how to check visa status, visa center check status, visa check

Immigration Law of Montana’s YouTube Channel

December 31, 2014 by Admin-ILM

Previously, we did a blog post on Immigration Law of Montana’s social media sites, but neglected to include information on Immigration Law of Montana’s YouTube channel. We don’t have much yet, but plan more videos soon. Right now, all we have are a couple of videos on how to use the system that we use to process your immigration cases, LawLogix. The system is pretty self-explanatory, but for someone who does not have much familiarity with Internet-based forms it may prove more challenging, hence the videos. [Read more…] about Immigration Law of Montana’s YouTube Channel

Filed Under: Blog Tagged With: youtube channel

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Immigration Law of Montana, P.C.
8400 Clark Rd
Shepherd, MT 59079
406-373-9828

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