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Case Stories
❌ EB-3 Family Derivative Denied - RFE Response Lost by USCIS - PD Unknown
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❌ **Case Status: Denied**
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A U.S. citizen petitioner's husband and son had their I-130/I-485 applications denied after USCIS claimed they never received the RFE response for the son's birth certificate, despite the family having proof of timely delivery. The attorney noted this is a recurring pattern and recommended refiling rather than appealing.
A U.S. citizen filed I-130/I-485 for her husband and son. USCIS issued an RFE requesting the son's birth certificate. The petitioner mailed the birth certificate along with a certified English translation within the required timeframe and retained proof of delivery to USCIS. Despite this, USCIS denied both cases citing non-response to the RFE. The family is currently residing in the U.S. Their immigration attorney indicated this type of administrative error — where USCIS fails to process or locate timely-submitted RFE responses — has been occurring frequently. The attorney recommended filing a motion to reopen/reconsider via Form I-290B rather than a formal appeal, or alternatively refiling the entire case from scratch.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1tichht/uscis_denied_despite_rfe_response_proof/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
This case reflects a documented pattern where USCIS denies applications citing non-response to an RFE despite timely submission. For similar cases: (1) Always retain certified mail tracking, USPS delivery confirmation, and a timestamped copy of everything submitted. (2) Form I-290B (Motion to Reopen) is the appropriate remedy when USCIS denies due to administrative error — it is generally faster than an appeal and preserves the original priority date. (3) Refiling restarts the clock and incurs new fees, so I-290B should typically be attempted first if there is clear delivery proof. (4) Processing times at service centers for I-290B motions currently average 6–12 months. Cases involving lost RFE responses have seen a notable uptick in 2024–2025, likely tied to staffing and mail processing backlogs at USCIS lockbox facilities.