If you are applying for a green card or a visa, the US Citizenship and Immigration Services, abbreviated as USCIS, might request additional information. This is known as a Request for Evidence, abbreviated as RFE. An RFE can cause a delay or even lead to the denial of your application. Therefore, it is essential to know how to prevent an RFE and, if you get one, how to respond to it.
The USCIS can request evidence if your petition or application lacks the necessary evidence and documentation to enable it to decide on the immigration benefit requested. When the USCIS issues an RFE, your petition's processing stops, which can create a significant delay. When you respond to the USCIS with the required information before the deadline, they will continue processing your petition or application. Failing to respond to the RFE by the deadline can result in your petition or application being denied. Therefore, responding to a request for evidence in a timely and accurate manner is essential for the success of your case.
What Is An RFE?
An RFE is a request from the USCIS for additional information or documents. This means that the officer reviewing your case requires more information before deciding. The USCIS will send a letter called Form I-797E, or a Notice of Action. Receiving an RFE does not mean your application will not go through. Consider this an opportunity to strengthen your case by providing additional evidence of your bona fide relationship. The essential points to remember are:
- You should respond to the RFE on time by ensuring you adhere to the deadline outlined in the RFE notice.
- You should submit everything together. Therefore, if you are requested to send multiple documents, you should send them in one package.
- Failing to respond to an RFE can lead to an application or petition denial. If you miss the deadline, the RFE will decide based on the information they have.
How To Avoid A Request For Evidence (RFE)
The best way to handle an RFE from the USCIS is to avoid getting it in the first place. Although an RFE does not mean that your application will be automatically denied, it often leads to additional delays. Usually, you can avoid an RFE by preparing your application thoroughly, regardless of the visa you are applying for. Some reasons for receiving an RFE vary depending on the type of visa. However, several common issues cut across various applications:
Missing Initial Evidence
Failure to provide the necessary documents, forms, and other evidence to prove your eligibility for the visa you are applying for can lead to an RFE. The standard visa types include marriage-based green cards, H-1B work visas, K-1 fiancé visas, etc. Missing the initial evidence required by the USCIS can lead to an outright denial of your application.
Inadequate Financial Support
Another common cause of RFE for different types of visas is insufficient proof of financial ability. For a family-based visa, the US sponsor must prove they have adequate money to support the applicant. Usually, the financial ability should be at least 125% of the federal poverty line. This requirement applies to K-1 visas and marriage green cards. For employment visas, the employer must prove that they can pay the required wage for the position. This applies to visas like the H-1B visa.
Missing Proof Of Legal Entry/Status
If you are already in the United States, you must prove legal entry or maintenance of a legal status. This mainly applies to the people applying for an adjustment of status or H-1B transfers. The process involves providing a copy of your stamped passport, I-94 travel history, and other relevant migration documents. If you lost the original of your I-94 and your records are unavailable on the CBP website, you can submit Form I-102 to request the replacement of your I-94.
Missing Document Translations
When applying for any type of visa, you should have a document not in English accompanied by a certified translation. The translator should certify in writing that they have translated the document correctly and include their address, name, signature, and the translation date.
Lack of Specialized Evidence
You should ensure you understand and provide all the category-specific evidence required for a particular visa type because different visa categories require specific evidence. For example,
- When applying for an H-1B visa, the USCIS will require a detailed job description and evidence of the applicant's qualifications.
- When applying for K-1 visas, the USCIS will need proof of relationship or intent to marry.
- The USCIS requires evidence of the applicant's skills or experience when applying for an employment-based green card.
Unusual Cases
For any visa type, the USCIS can require you to provide an additional explanation or evidence if the case has unusual aspects. This can include explaining the gaps in employment, complex immigration histories, and previous visa denials. For example, if you had applied for a green card for another person, like an ex-spouse, but you later withdrew your green card application, you should give a written explanation of this.
Understanding The RFE Anatomy
USCIS officers provide clear guidelines on how to review an application for immigration or a green card. The USCIS Policy Manual outlines the general eligibility requirements and has checklists and charts that immigration officers use while reviewing applications. These guidelines define the situations where an RFE could be appropriate. USCIS officers use standardized templates for RFEs, customizing them to request case-specific information. Here is an explanation of the key sections you will find in an RFE:
Facts
This introductory section outlines the basic details of your application, including the application type, the submission date, and the processing office. It also states that the USCIS requires more evidence to make a decision.
The Law
This section outlines the relevant immigration laws or regulations for your case. It also outlines the specific eligibility requirements.
Evidence Submitted
This section outlines the documents that you have provided. You should review it carefully to ensure every submitted document is accounted for. If something is missing, you should include it in your RFE response.
Evidence Not Provided
This is the most important section because it outlines the information or the additional documents the USCIS requires to adjudicate your case. It also specifies the eligibility criteria that you have not met. For example, RFE requires you to submit a birth certificate; it will also state that if it is unavailable, you should provide school records and affidavits of birth instead. You should pay attention to this section and provide all the requested materials.
Applicable Deadline
This section explains the time frame for submitting the required information or the RFE response. It also provides the mailing address you should use to submit your response. Missing the deadline could lead to denying your application, so you should ensure your response arrives on time.
What To Do When You Receive An RFE
When you receive a request for evidence from the USCIS, submitting your response carefully and reviewing it thoroughly is crucial. Here are some steps that you should follow:
- Read the entire RFE carefully - this is the only opportunity you have to respond to all or the remaining questions that the USCIS wants to verify regarding your application.
- Review your initial application package - sometimes the USCIS can request information you had already provided in the initial application. In this case, you should include photocopies of the relevant documents from the original application in your RFE response.
- Prepare your response and ensure that you include the following items:
- The original RFE notice should be on the first page of your response. You should not include a photocopy.
- You must send all the requested documents in one package since you only have this chance to respond to an RFE. Ensure that you include all requested documents.
- If you include documents you provided in your original application, you should note their source year.
- Provide all the required explanations. For example, if you submitted a bilingual birth certificate in English but were required to provide a translation, you should point this out.
- Explain all the missing documents. If you cannot provide a required document, explain why and provide additional evidence if possible. For example, if your birth records are unavailable, include a letter from the records office explaining this, and also provide an affidavit or a sworn statement from a family member confirming the birth details.
- Provide a cover letter - the cover letter should outline the details of your submission, preferably in a numbered or bullet point format, showing the USCIS that you have provided all the required information.
- Observe the deadline — the RFE notice outlines the applicable deadline and the number of days you have from the RFE issue date to submit your response. The USCIS should receive your response before this deadline, and the mailbox rule does not apply.
- Maintain records — make copies of all the documents you submit, including the original RFE notice. You should submit your response through priority mail with a delivery confirmation to prove compliance with the applicable deadline.
When responding to an RFE notice, you have three options :
- Submit the required information at the same time.
- Respond partially by providing evidence outlining that you want a decision to be made based on the submitted information.
- Withdraw your application
The USCIS requires you to submit all the requested information simultaneously. However, you should not submit evidence in separate filings. If you submit the response and remember some additional documents you left out in your response, the USCIS will likely not consider the subsequent documents, even if you send them before the deadline. If you cannot find some documents as the deadline approaches, you should file a partial response instead of not responding. Explain in your response that you tried to obtain the missing documents and where you could not. You should take an RFE notice to address any weaknesses in your petition or application. Even for a seemingly straightforward RFE, you should review the notice and provide any additional evidence as required to support your case.
Tips When Presenting An RFE Response
Below are some tips that you can follow when submitting an RFE response:
- Create a cover letter and list all the documents included in your response in the cover letter.
- Have a table of contents — For complex responses, a table of contents helps the USCIS officers navigate your response.
- Tab or label your document — Use a numbered tab, which should correspond to the table of contents.
- Highlight all the relevant information — You can use colored tabs or highlighters to highlight the crucial details.
- Include explanatory notes — If a document is unavailable, explain the reason and provide alternative evidence.
- Organize your response by topic or chronologically — Choose the method that suits your case.
- High-quality Copies—Ensure all the documents you submit are legible and clear.
Timelines For Processing RFE Responses
Here is what to expect after submitting an RFE response:
- Usually, the USCIS processes the case within 60 days, but this can take longer depending on the facts of your case.
- You can check the status of your case online using your receipt number.
- The potential outcomes of your application include approval, denial, and, in some cases, a second RFA.
- If approved, you will receive a notice of approval. If denied, you will receive a denial notice outlining the reasons for denial and any available appeal options.
You should note that responding to an RFE does not guarantee approval, but a thorough response improves your chances of approval.
How An RFE Impacts Processing Times
An RFE will extend the processing time for your visa or immigration application.
- USCIS gives you 30 to 90 days to file an RFE response. The period within which you should respond is outlined in the RFE notice.
- After receiving your response, the USCIS takes at least 60 days to review your application and make a decision.
- The total processing time added after issuing varies from case to case, and depending on the service center
To minimize delay, you should respond to the RFE promptly and be thorough to ensure that you meet all the requirements.
The Primary RFE Triggers
The specific reason for an RFE request can vary, but certain issues often trigger this request across various visa types. Familiarizing yourself with the common triggers can help you submit a strong initial application and avoid an RFE altogether.
Insufficient Evidence Of A Bona Fide Marriage
You must convince the USCIS that your marriage is genuine and not for immigration purposes. Ensure you provide evidence of your shared life together, including joint financial documents, photos, lease agreements, and an affidavit from your family and friends.
Inadequate Financial Sponsor Documents
A US sponsor must prove sufficient financial capacity to support the applicant. Gather pay stubs, tax returns, bank statements, and other financial documents to prove income requirements qualification.
Incomplete Or Missing Medical Exam Results
Applicants must submit all the required medical examination forms, which must be filled out correctly and entirely.
Insufficient Speciality Occupation Evidence For H-1B Visa
For the H-1B visa, the offered positions require an applicant to have a bachelor's degree or a higher qualification in a specific field. You must provide a detailed job description, your education transcripts, and letters from experts explaining the role's specialized nature.
Missing Crucial Education Requirements
Ensure you submit evidence of the required education credentials, including transcripts, diplomas, or evaluations, to show your qualifications for the position.
Incomplete Proof of Employer-Employee Relationship
The USCIS must verify the legitimacy of your employment relationship. You should include employment contracts, pay stubs, offer letters, and tax documents to prove a clear employer-employee relationship.
Commonly Asked Questions
These are the commonly asked questions about RFEs:
Does an RFE Imply an Automatic License Denial?
No. An RFE requests additional information. It is not a denial of your application. A thorough response can lead to approval.
Can I Obtain an RFE Deadline Extension?
Generally, the USCIS does not give an extension for an RFE response deadline, but it can grant an extension under certain circumstances
How Long Do I Have To Respond To An RFE?
You can find the information about the deadline of the RFE response at the bottom of the RFE document. It will inform you how long you have to gather the missing evidence and submit it to the USCIS.
What if I cannot Find a Requested Document?
You should explain why the document is unavailable and give alternative evidence if possible.
Can You Submit Additional Evidence After Filing an RFE Response?
No. The USCIS will not consider evidence submitted after the initial RFE response.
Find an Experienced Immigration Attorney Near Me
You should not panic when you receive an RFE. It does not mean that the USCIS will deny your application. This only implies that the USCIS needs more information from you to enable it to make a decision. If you or your loved one receives an RFE notice, contact a reliable immigration attorney. At the California Immigration Attorney, we have skilled attorneys who can help you file a thorough USCIS response. Contact us at 424-789-8809 to speak to one of our attorneys.