What if I Get a Request for Evidence (RFE) on my Immigration Application?
A Request for Evidence (RFE) is a notice that the USCIS officer uses to notify you that they need more information in order to make a decision regarding your pending application. Typically, an application or petition will fall into one of three categories:
- The application is complete in showing that the petitioner is eligible for admission and the application will be approved.
- The application is complete, but the evidence shows that the petitioner is ineligible and the application will be denied.
- The evidence that has been provided raises some questions, and cannot immediately establish eligibility for admission.
RFE’s are used when your application falls under the third category and contains insufficient documentation. Just because you have received an RFE, it does not automatically mean your visa or immigration application has been denied or will be denied in the future. It simply means that USCIS cannot approve your application as it currently stands, but just needs more information before they can make their final decision.
In many cases, a USCIS agent has the power to deny an immigration application prior to issuing a RFE. Therefore, this can be a good opportunity for you to bolster the strength of your application. An RFE can be avoided by initially preparing a complete, organized, and detailed packet to support your application at the onset of your application or case. Yet, it is important to remember that including irrelevant or unimportant information can hurt your chances of success as well.
An RFE can be sent at any time during the application process, and will explain exactly what type of evidence the USCIS needs in order to fully evaluate your application. Once you submit the requested information, the review of your application will proceed in light of the new evidence you provided.
Responding to a Request for Evidence
In order to avoid having your application denied it’s important that you include all of the requested evidence in your RFE response by the deadline assigned by USCIS. This is especially important since you only have one chance to respond to these requests. If you fail to include some of the requested information or do not respond by the deadline, your application will be denied.
Therefore, it is crucial to take any requests seriously, even if it requires you to submit information that you believe you have already provided in your application. You should file your response as quickly, politely, and thoroughly as possible. The faster you submit all of the missing information and documents the sooner your application will be processed and reviewed.
Depending on your circumstances, the RFE will grant you a 30 to 90 day window to respond. Your specific timeframe will be indicated in your RFE. Within the time allocated by the RFE from USCIS, you have three options:
- Submit all of the evidence the RFE requested at the same time.
- Submit only some of the evidence, creating a partial response, which tells the USCIS agent that you want a decision to be made using only the information it has at the time.
- Withdraw your application.
The RFE requires you to submit all of the required documents at the same time, so you should not send the materials in separate mailings to the USCIS. If you submit information after the deadline or after the first set of documents have been mailed, it will not be considered when USCIS reviews your case.
What Evidence to Include
Your individual RFE will explain exactly what type of information the USCIS is missing. Even if you think it is clear what kinds of materials your RFE is asking for, you should review your application and try to include any information that may help you bolster your application or case. For example, it could require you show a copy of you or your spouse’s birth certificate, or a showing of your professional or educational history. If you feel that you cannot provide all of the evidence, it is still better to include some evidence rather than none. But you should only partially respond if you couldn’t locate certain documents before the deadline.
Your RFE may also be more complex, and ask that you show proof as to why you should be considered eligible for the benefit of admission in the United States. In this case, it is crucial to the outcome of your case that you completely understand what the RFE is asking of you. If you are unsure about what type of materials to submit or what questions the request is raising, you should consult an immigration attorney who can better help you fulfill the requirements of your RFE.
When submitting your response, you should also submit a cover letter. The cover letter should detail what kinds of information you have submitted to USCIS so as to alert the officer to the fact that you have provided all of the information that they requested. Further, if you included information that was not specifically asked for, this is where you would tell them what other information you’re including and why you’re including it.
Request For Evidence (RFE) DIY Package Provides
Detailed RFE Response Process and Samples of RFE Reply to USCIS
A Request For Evidence (RFE) is made by USCIS (U.S. Citizenship and Immigration Services) when an immigration or visa application is lacking required evidence, or the immigration officer needs additional evidence to determine the eligibility of an applicant for the benefit sought. USCIS may send a request for evidence at any stage of their review for an green card petition or working visa application. The RFE request will indicate what evidence or information is needed for USCIS to fully evaluate an application. The RFE notice will explain where to send the evidence, and will give the deadline for an RFE response. The green card petition or visa application will be held in suspense during the RFE request and response review time.
If you receive an Request For Evidence request or RFE notice from USCIS, it does not mean that the denial of your application is inevitable. It just mean that USCIS needs more information from you in order to make a decision. Therefore you need to try your best to make sure that you return your RFE response with all the requested evidence before the deadline given by USCIS. If you fail to respond, or respond without all required evidence and a carefully prepared RFE cover letter, USCIS will either determine that you abandoned your application and issue a denial, or it will make an ultimate decision on your case without the information that it requested, which most likely will result in a denial. That is why it is very important that you should response an Request For Evidence request very carefully and thoroughly.
We are the premier online resource where the request for evidence process of how to respond a RFE request for your green card petition or visa application is detailed in our Complete Do-It-Yourself RFE Response packages, for I-140 petition of EB1-Extraordinary Ability (EB-1A, or EB1-EA), EB1-Outstanding Researcher or Professor (EB-1B, or EA1-OR), EB1-Multinational Executives or Managers (EB-1C), National Interest Waiver (NIW), and L1 Visa Application and Extension (for L-1A and L-1B). We also provide various RFE response resources, and share the best practices and questions/answers to help your RFE response process.
RFE Response Resources for Request For Evidence Request from USCIS
The Request for Evidence is a letter or notice that USCIS adjudication officer uses to request additional information for pending applications. The Request For Evidence is a formal response from USCIS for an immigrant petition or working visa application, issued by USCIS when insufficient or suspicious documents are found in a pending petition for an immigration benefit. Once a timely response to the request for evidence is received by USCIS, they will review the evidence that the petitioner submitted, and USCIS will continue the adjudication of application or petition in light of the new evidence. Based upon the response from the petitioner, USCIS will subsequently makes a decision to adjudicate or deny the petition.
USCIS has the power to deny an immigration applications without first issuing RFE, so an applicant should be thankful for the opportunity to correct information, provide more documentation and evidence, and convince the immigration officers to approve the application. After you receive an RFE from USCIS, you should read it carefully, and determine what kind of evidence or documents are requested. Some RFEs are more complex than the others. Depending on the complexity of the RFE, it may take from 30 days to 84 days for an applicant to response what the USCIS officer indicates in the letter. It is imperative that you file the RFE response by the deadline. Late response will not be allowed by USCIS. If you ignore the RFE, USCIS will make a decision based on the submitted evidence, which generally will be unfavorable.
Complete Do-It-Yourself RFE Packages
for EB-1A, EB-1B, EB-1C, NIW, and L1 Visa Application
If you get a Request For Evidence (RFE) notice from an USCIS Service Center, it is necessary that you must work hard to provide requested evidence and persuade the USCIS officers to approve your case. It is critical to appropriately and proficiently reply the Request For Evidence. Incorrect response to the RFE will directly result in your petition rejection. To help you replying the RFE easily and quickly, we provide the high quality and case-proven Complete Do-It-Yourself Packages for Request For Evidence, for I-140 petition of EB1-Extraordinary Ability (EB-1A), EB1-Outstanding Researcher or Professor (EB-1B), EB1-Multinational Executives or Managers (EB-1C), National Interest Waiver (NIW), and L1 Visa Application and Extension (L-1A and L-1B).
As added value in the Complete Do-It-Yourself Package for Request For Evidence, we provide comprehensive instructions on REF requirements and processing, and we also present methods of analyzing RFE questions, RFE replying strategies, tactics of strengthening your case, detailed RFE cases analysis, samples of cover letter, samples ofreference letter, and more. With the RFE package, you get all the information you need and step-by-step knowledge and strategies of how to prepare an efficient, professional, and complete response to your RFE notice to USCIS, and eventually get your green card approval or work visa approval.
New immigrants can benefit from our added value to make the complicated RFE process much simpler and easier, at the same time meet the rigorous requirements of USCIS. Therefore, our Complete Do-It-Yourself Packages for Request For Evidence are very helpful and beneficial for immigration and visa applications in EB-1A, EB-1B, EB-1C, NIW, and L1 visa categories. Please click here to order a Complete Do-It-Yourself RFE Package from us.
Click Here to Send an Email to William, if you have any questions about request for evidence, RFE requirements, RFE response, or how to get your case approval after RFE. We offer general advice for common RFE related questions in EB-1A, EB-1B, EB-1C, NIW, and L1 visa categories, and will reply to your questions in a timely manner. If you have any questions or comments about your RFE, please do not hesitate to send us an email.
Ask William Your Question About
Request For Evidence, RFE Requirements, and RFE Response
Please click here to see more William's answers for RFE related issues. The questions and answers for RFE response are updated regularly.