--- name: uscis-benefit-requests description: > Use this skill to assemble paperwork for a USCIS benefit request (DHS/USCIS forum adjudicating petitions and applications on papers, NOT immigration court). Drafts cover letter, tabbed evidence index, RFE/NOID responses, expedite letter. Explains initial evidence under 8 CFR § 103.2(b). Triggers: "USCIS cover letter", "I-130", "adjustment of status package", "received an RFE", "respond to RFE", "NOID", "notice of intent to deny", "evidence index", "exhibit list", "I-485 package", "N-400 package", "receipt number". Cardinal rules: **respond by deadline PRINTED ON NOTICE** (never assume days); address every item; **submit ALL evidence at once** — partial response adjudicated as filed (8 CFR § 103.2(b)(11)). Produces documents, not strategy. Composes with immigration-pro-se, immigration-deadlines, and immigration-fact-check. version: 0.1.1 --- # USCIS Benefit Requests — Cover Letters, Evidence Indexes, RFE/NOID Responses > **NOT LEGAL ADVICE.** This skill produces drafting aids, checklists, and document > scaffolds — **not legal advice**, and no attorney-client relationship is created. USCIS > deadlines (especially RFE / NOID response dates) are unforgiving and a defective filing > can sink an otherwise approvable case. Verify every form edition, fee, deadline, and > citation against current USCIS instructions and **strongly consider consulting a licensed > immigration attorney or an EOIR-accredited representative** before filing. ## USCIS is its own forum — not immigration court USCIS (within DHS) adjudicates **benefit requests** — petitions and applications — almost entirely **on the papers**, under **8 CFR § 103.2**. This is a different forum from EOIR immigration court (removal), the Board of Immigration Appeals, the consulates, and the circuit courts; see `immigration-pro-se` for the four-forum map. Because USCIS rarely holds a hearing, **the written package is the case**: what you enclose, how it is organized, and how completely you answer a request is usually all the adjudicator sees. A request is "received" on the date USCIS actually receives it at the designated filing location, paper or electronic (8 CFR § 103.2(b)(7)), and USCIS issues a **receipt notice** (Form I-797) with a **receipt number** (3 letters + 10 digits). Track it on the USCIS case-status tool and online account, and **keep a complete copy of everything filed** — you will need it to respond to any later RFE or NOID. Common benefit contexts (route substantive eligibility elsewhere — this skill only builds the paperwork): | Form | Benefit | Statute | |---|---|---| | I-130 | Family petition (relative) | INA § 204 / 8 U.S.C. § 1154 | | I-140 | Employment-based immigrant petition | INA § 204 / 8 U.S.C. § 1154 | | I-485 | Adjustment of status to LPR | INA § 245 / 8 U.S.C. § 1255 | | N-400 | Naturalization | INA §§ 316 / 319 / 8 U.S.C. §§ 1427 / 1430 | ## The cover letter and the evidence index **Cover letter.** Every package opens with a one- to two-page cover letter that lets the adjudicator orient instantly. It should state: - **Petitioner / applicant and beneficiary** by full legal name, with the **A-number** (`A2NN-NNN-NNN`) and any prior **receipt number**. - **The form and the benefit sought** (e.g., "Form I-130, Petition for Alien Relative, on behalf of [spouse]") and the classification claimed. - The **filing fee** enclosed (or fee-waiver request) and the form edition date. - An **itemized list of enclosures**, keyed to the tabs of the evidence index. - A signature block (petitioner pro se, or G-28 representative of record). **Evidence index / exhibit list.** Behind the cover letter, list every supporting document as a numbered or lettered exhibit (**Tab A, Tab B, …** or **Exhibit 1, 2, …**), with a one- line description and the physical tab/label that matches the document in the packet. Put **translations** with a certificate of translation next to each foreign-language original. A clean, tabbed index is what makes a package easy to approve — and is exactly what you re- use when responding to an RFE. **Initial evidence.** USCIS expects the **required initial evidence** for the benefit with the filing; if it is missing or doesn't demonstrate eligibility, USCIS may deny outright or issue an RFE (8 CFR § 103.2(b)(1)–(2), (b)(8)(ii)). Build the index against the form instructions' evidence list so nothing required is omitted. ## Responding to an RFE or a NOID — the cardinal rules An **RFE** (Request for Evidence) asks for more evidence; a **NOID** (Notice of Intent to Deny) signals USCIS is inclined to deny and gives a last chance to rebut. Both are governed by **8 CFR § 103.2(b)(8)**. The rules that decide cases: 1. **Respond by the deadline PRINTED ON THE NOTICE.** Never assume a fixed number of days — **read the notice and diary that exact date.** The regulation caps the maximum response window (RFE no more than twelve weeks; NOID no more than thirty days) and provides that **additional time may not be granted** (§ 103.2(b)(8)(iv)). The notice's own date controls; run it through `immigration-deadlines`. 2. **Address every item.** Answer each numbered request point-by-point; an unanswered item is treated as not established. 3. **Submit ALL evidence at once.** All requested materials must be filed **together in a single response**, along with the **original RFE/NOID notice** on top (§ 103.2(b)(11)). A **partial response is adjudicated on the record as filed** — submitting only some of the requested evidence "will be considered a request for a decision on the record." There is no second bite. 4. **Failing to respond = abandonment.** No timely response means the request "may be summarily denied as abandoned, denied based on the record, or both" (§ 103.2(b)(13)). Structure an RFE/NOID response as: a cover letter re-identifying the case and receipt number; a copy of the original notice on top; then a **point-by-point response** mirroring the notice's numbering, each item cross-referenced to a tab in a fresh evidence index. ## Expedite requests USCIS may, in its discretion, expedite a pending case that meets one of the published **expedite criteria** (e.g., severe financial loss to a person or company; an emergency or urgent humanitarian situation; a nonprofit's cultural/social-interest request; a clear USCIS error; certain government interests). An expedite request is made through the USCIS contact channels for the pending receipt number and should: identify the case and receipt number, name the specific criterion invoked, and **attach documentary proof** of the urgency (it is discretionary — assertion without evidence rarely succeeds). Frame it tightly to the criterion; do not pad it. ## Artifacts this skill drafts - **USCIS cover letter** — petitioner/beneficiary, A-number, receipt number, form + benefit sought, fee, and an itemized enclosure list. - **Evidence index / exhibit list** — tabbed (Tab A… or Exhibit 1…), one line per item, with translation-certificate placement. - **RFE response scaffold** — original notice on top + point-by-point answers keyed to a new evidence index, built to the deadline on the notice. - **NOID response scaffold** — rebuttal addressing each stated basis for the proposed denial, with all evidence submitted at once. - **Expedite-request letter** — receipt number, the specific expedite criterion, and the proof of urgency attached. Each artifact ends with the `NOT LEGAL ADVICE` disclaimer. ## Related authority - **Filing, RFE/NOID, initial evidence, receipt** — **8 CFR § 103.2** (esp. (b)(7) receipt date; (b)(8) RFE/NOID + initial evidence; (b)(11) all-evidence-at-once / partial = decision on record; (b)(13) failure to respond): [`../../references/immigration-regulations/8CFR-103-powers-fees.md`](../../references/immigration-regulations/8CFR-103-powers-fees.md). - **Immigrant petitions (I-130 / I-140)** — **8 CFR Part 204**: [`../../references/immigration-regulations/8CFR-204-immigrant-petitions.md`](../../references/immigration-regulations/8CFR-204-immigrant-petitions.md). - **Adjustment of status (I-485)** — **8 CFR Part 245**: [`../../references/immigration-regulations/8CFR-245-adjustment.md`](../../references/immigration-regulations/8CFR-245-adjustment.md). - **INA substance** — Subchapter II (petitions § 204, adjustment § 245): [`../../references/immigration-statutes/INA-II-immigration.md`](../../references/immigration-statutes/INA-II-immigration.md), with the INA ↔ 8 U.S.C. crosswalk in [`../../references/immigration-statutes/README.md`](../../references/immigration-statutes/README.md) (cite by the crosswalk, not from memory). ## Composition - Start with `immigration-pro-se` to confirm USCIS is the right forum and to capture the A-number / receipt number. - Run every RFE / NOID deadline through `immigration-deadlines` — the date on the notice controls and cannot be extended. - Pull the underlying file (A-file / receipt-history) via `immigration-foia` before responding to an RFE or NOID. - Verify every citation and form edition a draft makes with `immigration-fact-check`.