A Request for Evidence (RFE) is a formal notice from the United States Citizenship and Immigration Services (USCIS) indicating that additional documentation or clarification is required before they can proceed with your application. An RFE is part of the process when USCIS reviews a benefit request and determines that more information is needed to establish eligibility. USCIS issues RFEs to request additional documentation or clarification before making a decision on a benefit request. Receiving an RFE can be stressful, but it is not a denial. It is an opportunity to strengthen your case. This guide will walk you through everything you need to know about responding effectively to an RFE.
What is a USCIS Request for Evidence (RFE)?
An RFE is issued when USCIS determines that a petition or application lacks the necessary documentation to make a decision. It outlines exactly what requested information is missing and gives the applicant or petitioner a chance to provide that information.
The RFE will typically include:
- A description of the submitted application.
- Relevant immigration laws and eligibility requirements.
- A summary of the evidence already provided.
- A list of requested materials.
- A list of additional evidence or information needed.
It’s important to understand that an RFE is not a negative decision. In fact, it’s a standard part of many immigration cases, especially if documents are unclear, inconsistent, or incomplete.
What Are the Most Common Reasons for an RFE?
USCIS may issue an RFE for various reasons depending on the type of application or petition. An RFE is often issued when there is evidence lacking to support the application. Some of the most frequent include:
| Reason for RFE | Example Documents | Suggested Additional Evidence |
|---|---|---|
| Proof of relationship | Marriage certificate | Joint bank accounts, lease agreements |
| Financial sponsorship | Tax returns | Pay stubs, employment letters |
| Employment verification | Job offer letter | W-2 forms, employment contract |
| Legal entry evidence | I-94 record | Passport stamps |
| Birth verification | Birth certificate | Hospital records, affidavits |
Understanding why USCIS is requesting more evidence is crucial to provide the right documents. Employment based visas often trigger RFEs when there is evidence lacking regarding professional qualifications or job offers.
How to Understand the RFE Letter
Each RFE contains structured information that you should analyze carefully:
- Facts: This section summarizes your original application, including submission date and the office handling the case.
- Law: Explains which part of immigration law is relevant to your case.
- Evidence Submitted: Lists documents you have already sent.
- Evidence Missing: Details what documents are still required to complete the evaluation.
Be sure to consult the form instructions and follow all instructions provided in the RFE notice to ensure your response is complete and meets all requirements.
Carefully reading and interpreting each section is essential to crafting an accurate and complete response.
Identifying the Requested Evidence
When you receive a Request for Evidence (RFE), your first step should be to carefully identify the requested evidence outlined in the RFE notice. USCIS will specify exactly what is needed to support your immigration application, whether it’s missing initial evidence, additional evidence, or even alternative evidence if certain documents are unavailable.
Take the time to review the RFE notice line by line and create a checklist of all requested documents. This may include items such as birth certificates, bank statements, or other supporting documents needed to establish eligibility for your immigration benefit.
By ensuring you understand and gather all the required evidence, you can submit a complete response and avoid unnecessary delays or a negative determination on your request for evidence RFE.
Remember, submitting all the requested documents in your response packet is crucial to moving your immigration application forward.
What Should Be Included in Your RFE Response?
To ensure your response is accepted and reviewed without delay, your RFE response package must be:
- Complete*: Include all the evidence requested in one submission. If primary documents are unavailable, consider submitting other evidence, such as affidavits or secondary documentation, to support your case.
- Organized*: Use a cover letter that clearly outlines each piece of evidence and explains how it addresses USCIS’s concerns.
- Traceable*: Send your package via a method that provides delivery confirmation.
Submitting a partial response may delay the process or result in denial, so it is important to address every item listed in the RFE.
Your response should include:
- The original RFE notice.
- A cover letter explaining each piece of evidence.
- Copies (not originals) of the required supporting documents.
- Any additional documents requested by USCIS.
- Certified document translations for any foreign-language documents.
- Alternative evidence if certain documents are unavailable, along with an explanation.
Steps to Respond to an RFE
The RFE process is a critical step in USCIS application reviews, where officers may require evidence to clarify eligibility. Applicants should be prepared to provide and submit evidence as requested, since timely and complete RFE responses can significantly influence case outcomes.
Here is a step-by-step approach to responding:
- Read the RFE Carefully: Identify the exact documents requested and the eligibility criteria cited.
- Gather and Submit Evidence: Collect relevant, credible, and current documentation that directly addresses the RFE, and submit evidence as required.
- Organize the Response: Use tabs, headers, and a cover letter to make the response easy to review.
- Include Translations: Any document in a foreign language must be translated into English with a certification of accuracy.
- Make Copies: Keep a full copy of your response package.
- Mail Properly*: Send your packet with tracking to the address listed on the RFE.
USCIS may require evidence at any stage to clarify eligibility, so understanding the RFE process and preparing strong RFE responses is essential for a successful application.
Evaluating Your Evidence Before Submission
Before you submit your RFE response, it’s essential to thoroughly evaluate the evidence you plan to include. Review each document to ensure it directly addresses the points raised in the RFE notice and is relevant to your immigration application.
Check for completeness and accuracy—make sure all pages are included, information is up to date, and there are no inconsistencies. If any documents are in a foreign language, provide certified English translations as required by USCIS regulations.
It’s also wise to have an experienced immigration attorney review your evidence. An immigration attorney can help you identify any gaps, ensure your response meets all requirements, and provide guidance on how to present your case most effectively.
Taking these steps will help you submit a strong, well-prepared RFE response and avoid unnecessary setbacks.
RFE Response Strategies: How to Build a Strong Case
A successful RFE response starts with a strategic approach. Begin by carefully reviewing the RFE notice to understand exactly what requested evidence is needed. Gather all the necessary supporting documents and ensure each piece of evidence submitted is complete, accurate, and directly relevant to your immigration application.
Organize your response packet so that it’s easy for the USCIS officer reviewing your case to follow. Include a clear, concise cover letter that lists each document and explains how it addresses the specific concerns raised in the RFE notice.
Submit all the requested evidence together in one comprehensive package—partial responses or piecemeal submissions can lead to delays or even outright denial. By taking a methodical and thorough approach, you can build a strong case and improve your chances of a favorable outcome.
Avoiding Common Mistakes in Your RFE Response
When preparing your RFE response, it’s important to avoid common mistakes that can jeopardize your case. One of the most frequent errors is failing to submit all the requested evidence, which can result in a denial or further delays. Double-check that your response packet includes every document listed in the RFE notice and that each is complete and accurate. Avoid submitting irrelevant or unnecessary evidence, as this can make it harder for immigration officials to review your case efficiently. Missing the response deadline is another critical mistake—late submissions are generally not accepted by USCIS. Ensure all documents are properly translated and certified if required, and assemble your response packet in a clear, organized manner. By steering clear of these pitfalls, you can ensure your RFE response is effective and timely.
Final Check: Reviewing Your RFE Package
Before sending your RFE response, take the time to conduct a final, thorough review of your entire package. Go through the RFE notice again and confirm that all requested evidence is included and properly organized in your response packet.
Verify that you are sending your response to the correct mailing address provided by USCIS and that you are meeting the response deadline. For added security, use priority mail with delivery confirmation so you can track your submission and ensure it arrives in a timely manner.
This final check is your last opportunity to catch any missing documents or errors, helping you submit a complete and convincing RFE response. Taking these extra steps can make all the difference in the success of your immigration journey.
How Much Time Do I Have to Respond to a USCIS RFE?
The RFE notice will specify the exact deadline, which is often 30, 60, or 87 calendar days. This timeline is non-negotiable and extensions are not granted. Late or partial responses may result in denial of your petition.
Tip*: Begin working on your response immediately. If the deadline is approaching and you are unable to submit specific documents, in such a case, include an explanation and supporting affidavits if possible. You may also submit a sworn statement explaining the circumstances for missing documents.
What Happens If I Don’t Respond on Time?
If you fail to respond by the deadline or submit an incomplete response, USCIS will likely make a decision based on the information already available, which often results in a denial. If you do not provide enough evidence, USCIS may deny your application.
You only get one opportunity to respond. Make it count by being thorough, timely, and accurate.
Should I Hire an Immigration Attorney to Help with an RFE?
While you can respond to an RFE on your own, immigration law is complex and a mistake could result in delays or denials. An experienced immigration attorney can:
- Help you understand the legal basis of the RFE.
- Assist in gathering and organizing appropriate documentation.
- Write a professional cover letter aligned with USCIS expectations.
- Ensure that your response package meets all technical and legal requirements.
How to Track Your RFE Submission
Once you send your response:
- Use the tracking number provided by the delivery service. USCIS mails RFEs and other important notices, so it is crucial to track all mailed communications and respond promptly.
- Log in to your USCIS online account to check for status updates, as USCIS sends RFEs and other updates by mail or through your online account.
- Look for confirmation that your documents have been received and added to your file.
If you don’t see any updates within two weeks, contact USCIS Customer Service.
Additional Tips to Avoid Future RFEs
- Double-check* every form and document before submission.
- Follow the USCIS instructions* on each form’s page.
- Don’t guess or assume* what is acceptable; use official guidance.
- Consult the state department’s web page* to verify document requirements for civil documents and ensure you are submitting the correct paperwork.
- Submit complete applications* from the beginning.
- Consult a legal professional* when in doubt.
Tip: The state department’s web is a useful resource for checking acceptable civil documents from different countries.
Frequently Asked Questions (FAQs)
When responding to a NOID, it is crucial to submit convincing evidence to demonstrate your eligibility and avoid rejection.
Is an RFE the same as a NOID?
No. An RFE requests more evidence, while a Notice of Intent to Deny (NOID) means USCIS plans to deny your application unless you respond with strong justification.
Can I submit additional evidence after the RFE deadline?
No. USCIS will only consider the response received by the deadline. Any documents sent afterward will not be reviewed.
How long does it take USCIS to review my RFE response?
Processing times vary, but it generally takes USCIS 60 to 90 days to issue a decision after receiving your RFE response.
Internal Resources
– How to Respond to a Notice of Intent to Deny
– Benefits of a Spanish-Speaking Attorney
Disclaimer
This article is intended for informational purposes only and does not constitute legal advice. Immigration law is complex and each case is unique. If you have received a Request for Evidence (RFE), consult with a qualified immigration attorney to determine the best course of action for your specific situation.
Need help with your RFE? Contact Immigration Universe today to schedule a consultation and receive personalized support from an experienced immigration attorney.
