While it’s a fairly common occurrence, an RFE is not something you should ignore or take lightly. Here’s what you need to know about how to handle an RFE and keep your immigration case on track.
What is a Request for Evidence?
A request for evidence is a written notice from USCIS asking you to provide additional information, documents, or forms to support your application or petition. Think of it as USCIS hitting the “pause” button on your case. They can’t fully evaluate your eligibility without the missing pieces, so they’re giving you a chance to fill in the gaps.
USCIS will send the RFE to the address you listed on your application. It will clearly state what evidence is needed and give a deadline for your response, typically within 30 to 90 days. It’s crucial that you submit the requested materials by this deadline. If you don’t, USCIS will likely deny your application or petition.
An RFE does not necessarily mean your case will be denied. If you provide satisfactory evidence and demonstrate your eligibility, you can still get approval. However, ignoring an RFE or submitting insufficient evidence will almost certainly lead to a denial.
Common Reasons for RFEs
There are many reasons USCIS might issue an RFE. Some common ones include:
Missing documents
If you didn’t submit a required document, like a birth certificate, marriage certificate, or passport, USCIS will request it.
Insufficient documentation
You may have submitted a document, but USCIS found it unclear, incomplete, or lacking important details to establish eligibility. For example, if you submitted joint account statements to prove a genuine marriage, USCIS might ask for more extensive records.
Outdated information
If any document you sent is now expired or no longer valid, USCIS will ask for an updated version.
Need for translations
Any documents not in English must include a full, certified English translation. If your translation is missing or inadequate, USCIS will request a proper one.
Requests for originals
In some cases, USCIS may want to see original documents rather than photocopies. This is common with sensitive materials like birth and marriage certificates.
Discrepancies or missing details
If different documents contradict each other or information is missing from a form, USCIS will seek clarification and additional proof.
Inadmissibility concerns
If something in your application raises questions about your admissibility to the U.S., such as a criminal record or prior immigration violation, USCIS may request additional evidence to overcome inadmissibility.
RFEs can feel nitpicky, but USCIS is looking for a complete, airtight case. Even small inconsistencies or omissions can raise red flags. The more thorough and clear your initial application is, the lower the chances of getting an RFE.
How to Respond to an RFE
If you receive an RFE, read it carefully to understand exactly what USCIS is asking for. Here are the key steps to preparing your response:
- Gather the requested evidence. Collect all the documents listed in the RFE, including new or updated versions if needed. Make copies to submit and keep the originals for your records unless USCIS specifies it wants originals.
- Write a cover letter. Include a brief cover letter that lists the enclosed documents so USCIS can easily see you’ve provided everything requested. Explain any special circumstances as needed.
- Make copies. Keep a complete copy of your RFE response and evidence for your own files in case anything gets lost in the mail.
- Submit on time. Mail your RFE response with tracking well before the deadline to have proof it was sent on time. Even if the packet arrives at USCIS after the deadline, you’ll have evidence you mailed it timely.
- Wait for a decision. After submitting your RFE response, the waiting game begins again. USCIS will review your new evidence and decide whether it’s sufficient or whether to request more information, issue a NOID, or deny your case.
Dealing with an RFE can be time-consuming and stressful, especially if you’re not sure what documents will satisfy USCIS. In complex cases, requestors often submit more evidence than needed, which can slow down processing. An experienced immigration attorney can help you prepare a strategic, streamlined response.
What If I Can’t Get the Evidence USCIS Wants?
In some situations, you may not be able to provide exactly what USCIS is asking for. Some common examples include:
- A requirement for documents from a country that doesn’t issue them, like standard birth certificates
- Records from a long time ago that have been lost, destroyed, or never existed
- Documents that you tried in good faith to obtain from the appropriate agency but could not
- Requests for evidence about events that happened when you were too young to remember details
If that’s the case, you must demonstrate to USCIS that the primary evidence they want is not available. This generally involves two things:
- A written statement from the relevant authority, like a foreign government agency, stating the document does not exist or cannot be obtained.
- Secondary evidence that helps prove the fact in question, like affidavits from people with direct knowledge, historical records, or religious documents.
USCIS will consider your explanation and supporting evidence, so it’s important to make the strongest possible case for why you can’t get the requested documents. An attorney can help strategize alternative evidence.
Get Experienced Legal Help with RFEs
Receiving an RFE can be daunting, but it doesn’t have to derail your immigration process. The key is responding fully and promptly. In many cases, the smartest move is to get guidance from a skilled immigration lawyer, especially if your case is complex or you’re unsure how to get the evidence needed.
At the Law Office of Lina Baroudi, we have extensive experience helping clients overcome RFEs and get their immigration cases approved. We know what USCIS looks for and how to present the strongest evidence efficiently and persuasively.
Our passionate legal team serves immigrants throughout Northern California and beyond. We understand how important it is to you and your family to get this right. You can rely on us for caring, customized counsel at every step.
If you’ve received an RFE, don’t panic or try to tackle it alone. Contact us today to discuss your situation and learn how we can help you navigate the RFE process with confidence. With the right response and support, you can get past this speed bump and achieve your immigration goals.
