If evidence requested in an RFE was not material to eligibility, what can happen regarding a motion?

If evidence requested in a Request for Evidence (RFE) was found to be not material to eligibility, a motion to reconsider could be accepted. This is because the absence of material evidence may not have impacted the overall eligibility of the application or petition. The acceptance of such a motion allows the applicant to clarify or provide context regarding their eligibility based on other relevant evidence or the arguments that were already presented.

If materiality is in question, accepting the motion ensures that the decision-making process is thorough and considers all aspects rather than being solely tied to a specific piece of evidence that does not bear significantly on eligibility. The determination of materiality is critical in these cases, as it helps maintain fairness in assessing applications and petitions based on the overall evidence presented rather than focusing narrowly on items that do not substantially relate to eligibility parameters.