All About Request for Evidence (RFE): How to Handle, Avoid, and Respond

Are you looking for a way around the US immigration system? It can be confusing, and you may find yourself feeling lost a number of times. One of the most common obstacles to obtaining a work visa, green card, or US citizenship is receiving a Request for Evidence (RFE) from the US Citizenship and Immigration Services (USCIS). 

When USCIS needs more information to decide on your case, they will mail you an RFE. While it can be frustrating and disturbing, do not let it get to your head. It is not the end of the road. In this blog, we will discuss what an RFE is and how to handle it.

This blog will walk you through the steps of handling an RFE. We’ll cover what an RFE is, why you might receive one, and how to respond to increase your chances of a positive outcome. 
 

What is a Request for Evidence (RFE)?

A Request for Evidence (RFE) is a requirement for more documentation from the US Citizenship and Immigration Services (USCIS) to support your application. However, receiving an RFE does not mean that your application is denied. 

It simply indicates that the USCIS needs additional information to make a decision. Rather than taking it as a roadblock, think of an RFE as a second chance to provide all the necessary information you may have missed out on in your first application to prove your eligibility for a green card.

It is essential to respond to the RFE before the deadline with as much evidence as you can. Missing the deadline can lead to a denial based on incomplete information.

How Long Until Responding To an RFE?

The time to respond to an RFE can vary depending on the type of application and the specific request made by USCIS. Typically, you will be given between 30 to 87 days to provide the additional evidence, as outlined in your RFE notice. 

If you do not respond within the given timeframe, your application will likely be denied. There is no option to extend the deadline for an RFE, so be sure to gather and submit all necessary documents promptly.

Parts of RFE

The Request for Evidence has four parts: the law, a list of evidence that you have submitted, a list of evidence that you are missing, and a response deadline. Let us look further into what these parts are:

• The Law: The Foundation of Your RFE 
  
  Every RFE begins with a quote from the US immigration law. It highlights the requirements relevant to your specific type of immigration application.
  
   
• Evidence Submitted: What  You Have Already Shared
  
  Next, the RF will outline the evidence you have already provided in support of your application. It is important that you double-check this list.
  
  See if the USCIS included everything that you originally submitted. If you find that something is missing from what you sent, make sure to resubmit it with your RFE response packet. 
   
• Evidence Lacking: What Is Still Needed
  
  Here, the USCIS will list the evidence they still need from you. It will entail the eligibility requirements that have not been met and asking for alternative documents you can provide if you do not have the originals. 
   
• Response Deadline:
  
  Finally, the USCIS will specify a deadline for submitting your RFE response, along with the mailing address. This deadline is non-negotiable—your response must reach the USCIS office by this date, not just be postmarked. 
  
   

What Evidence to Send to the USCIS

Let's break down how you can use receiving RFE as an opportunity to strengthen your application.

• Missing Documents: Sometimes, an RFE is straightforward, asking for specific missing documents like passport pages or a complete bank statement. This is your chance to double-check and ensure all required documents are complete.
  
  Tip: If you have sent in only the first page of your bank statement, include the rest in your next submission. Attention to detail can make a difference. 

  
  

• Strengthen Your Case: Even if the RFE seems simple, use it as a chance to review your entire application. Is there anything else you can include to make your case stronger? Address any potential weaknesses.
  
  Tip: Any extra supporting documents can help. For example, if you have additional evidence of your relationship or financial stability, now is the time to include it.

  
  

• Adequate Documentation: Sometimes, USCIS might say a document you provided isn’t adequate based on their standards. For instance, a marriage certificate from your home country might not meet their criteria.
  
  Tip: Check the State Department's visa and make sure your documents meet what is listed. 

  
  

• Complex Requests: Some RFEs might ask for evidence based on complex immigration laws. Understanding what USCIS is asking for is crucial.
  
  Tip: If you’re unsure, consult an immigration attorney. They can help you interpret the RFE and gather the correct documentation to prove your eligibility.

How to Put Together And Send in Your RFE Response 

When you first get your RFE, make sure to make a copy for your records. The original RFE notice should be the very first page of your response packet. The USCIS will use this page for further processing. So, if you do not include it, or if it is not on top, it could lead to further delays.

Next, craft a cover letter that clearly defines the contents of your submission. Think of this letter as a map for the USCIS officer handling your case. List all the enclosed documents in the order you're including them. Show that you have provided all the requested information in an organized manner.

Remember to make copies of everything you send. Keeping a record is essential. If there are any questions or if you need to resubmit anything, having a copy of what you sent can save you a lot of hassle. Pay close attention to the mailing address on your RFE. Make sure you send your response to that specific address and not any other address you might have used before. It is a small detail, but you must not miss it.

Finally, send your RFE response via priority mail with delivery confirmation. This step gives you peace of mind, knowing that you have proof of mailing and delivery. Meeting the deadline is critical, and having delivery confirmation ensures you comply with the timeline.

How to Avoid an RFE

Getting an RFE can be a real setback, but the good news is that it’s avoidable. Here are some practical tips to help you submit a thorough application and keep your immigration journey on track. 
 

• Provide all your required initial evidence: Carefully read the instructions for your specific immigration application to prepare all the documents you need to submit. Often, missing documents always result in an RFE. For example, if you're applying for a marriage-based green card, ensure you include proof of marriage. Consider resubmitting clearer copies if your documents are unclear or difficult to read.
   
• Include document translations:  If any of your supporting documents are in a language other than English, provide a certified English translation. The translator should be someone other than you or your sponsor to ensure accuracy and completeness. A professional translation service can help ensure the documents maintain their legal meaning. 
   
• Give detailed evidence of your visa sponsor's income:  For family-based visa applicants, proving that your sponsor meets the income requirements is essential. The sponsor must demonstrate a household income of at least 125% of the federal poverty level. Provide detailed financial documents, such as tax returns and pay stubs, to clearly show the sponsor’s income. If the income isn’t sufficient, consider securing an additional sponsor to strengthen your case. 
  
  
• Provide proof of legal entry: If you’re applying for adjustment of status from within the U.S., you must prove you entered the country legally. Include a copy of your passport page with the Customs and Border Patrol (CBP) stamp or your I-94 travel record. Clear evidence of your legal entry can prevent RFEs related to your arrival status. 
  
  

Conclusion

Dealing with an RFE might seem daunting at first, but it's actually an opportunity to make your case even stronger. Think of it as a second chance to ensure that your application is complete and accurate.

Responding to an RFE is all about attention to detail and providing the right evidence. Carefully review what USCIS is asking for, and take your time to gather everything they need. If something is unclear, don't hesitate to seek advice from an immigration attorney or a trusted advisor.

Remember, the goal is to make it easy for USCIS to approve your application. Stay organized, follow the instructions, and submit everything on time. You're taking an important step toward your future, and every detail counts. 
 

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