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New Hampshire Immigration Lawyer > Hanover Request for Evidence (RFE) Lawyer

Hanover Request for Evidence (RFE) Lawyer

A Request for Evidence does not mean a denial. It does mean that USCIS has reviewed your initial filing and found it incomplete, ambiguous, or insufficient to approve the benefit you are seeking. How you respond to that request will determine whether your case moves forward or collapses. For families and professionals in the Upper Valley region, the margin for error in an RFE response is exactly zero. A Hanover Request for Evidence (RFE) lawyer who understands how USCIS adjudicators evaluate evidence, what they are actually looking for, and how to reframe a case under scrutiny is the difference between approval and a denial that can set your immigration path back by years.

RFEs arrive without warning. One day your case is pending at a service center. The next, a letter arrives demanding documentation you may not have immediately available, legal arguments you have never been asked to make, or evidence of eligibility that was not clearly established in your original filing. USCIS sets a response deadline in the notice itself, and that deadline does not move for most applicants. What happens between receiving the RFE and submitting the response is everything.

At the Law Office of Jason M. Sullivan, PLLC, RFE responses are treated with the same rigor as an initial petition. Attorney Jason M. Sullivan reviews what was filed, identifies where the original submission fell short in the adjudicator’s eyes, rebuilds the evidentiary record where it is thin, and drafts a legal brief that directly addresses each issue raised. That work is attorney-led from start to finish.

What an RFE Actually Tells You About Your Case

USCIS does not issue RFEs randomly. When an officer sends one, it is because the file as submitted did not meet the evidentiary standard for approval on at least one element of eligibility. The RFE will identify those elements, sometimes specifically and sometimes in general terms. Reading an RFE correctly is a skill. The stated reason for the request is often just the surface issue. Underneath it may be a documentation gap, an inconsistency between submitted evidence, or a legal framing problem that needs to be corrected in the response.

Some RFEs arrive because the original petition lacked supporting documentation. Others arise because a form was completed in a way that raised questions. In employment-based cases, RFEs frequently challenge whether the petitioner’s qualifications meet the regulatory standard, whether the job offer is bona fide, or whether the evidence of sustained achievement is sufficient. In family-based cases, USCIS may question the bona fides of a relationship or flag inconsistencies between the petition and the supporting documents. Each of these situations requires a different analytical approach, not a generic template response.

The response deadline on an RFE is typically 87 days from the date on the notice, though this can vary. That window sounds generous until you are gathering financial records, locating individuals to provide supporting statements, translating foreign documents, and coordinating with an attorney on the legal framing. Starting immediately after receiving the notice is not overcaution. It is the only responsible approach.

Why the Law Office of Jason M. Sullivan Handles RFE Responses Differently

Attorney Jason M. Sullivan has focused exclusively on U.S. immigration law for more than two decades. That concentration matters in RFE work more than in almost any other context. He has represented hundreds of families, skilled professionals, and employers navigating USCIS processes, and that volume of case experience creates pattern recognition that is not available to generalist practitioners. He understands how the Nebraska Service Center evaluates evidence differently from the Texas Service Center, how consular officers read RFE responses that travel back through the National Visa Center, and where specific petition categories most commonly generate requests for additional evidence.

Clients working with this firm communicate directly with Attorney Sullivan. There are no case managers relaying information, no paralegals making substantive decisions about legal strategy. When you are responding to an RFE, the person drafting the legal brief is the same person reviewing your original petition, identifying the gaps, and building the record that addresses them. That direct involvement is not a premium feature. It is the baseline standard this firm applies to every case.

Legal fees are structured as fixed amounts disclosed before work begins. There are no hourly billing surprises when RFE work runs longer than expected. You know the cost of representation before the work starts, which matters when you are already managing the stress of a challenged immigration filing.

RFE Categories Most Commonly Faced by Hanover-Area Clients

  • Marriage-based green card RFEs: USCIS frequently issues these when the relationship evidence submitted in the initial I-130 or Adjustment of Status packet is thin, inconsistent, or does not clearly establish cohabitation and financial integration. Couples in the Hanover and Upper Valley area often have documentation spread across different states if one spouse relocated for Dartmouth-related work or graduate study.
  • K-1 fiance visa RFEs: These commonly challenge whether the couple has met in person within the two years preceding the petition, or raise questions about the intent to marry within 90 days of entry. Responses require specific evidence of in-person meetings and a clear plan for marriage in the United States.
  • EB-2 National Interest Waiver RFEs: The Dhanasar analytical framework requires petition evidence to address three specific prongs. RFEs in NIW cases typically challenge whether the applicant has demonstrated that their work carries sufficient national importance or that the national interest would be advanced by waiving the labor market test. Professionals at Dartmouth College and associated research institutions in the Hanover area frequently pursue NIW petitions and face these challenges.
  • EB-1 extraordinary ability RFEs: USCIS may issue these when the initial filing does not satisfy enough of the regulatory criteria, or when evidence submitted for a criterion is not adequately documented. These responses require legal analysis of how the evidence maps to each criterion and often require additional expert support letters or supplemental documentation.
  • PERM-related I-140 RFEs: Employer-sponsored immigrant petitions that follow PERM labor certification can face RFEs challenging the educational requirements in the labor certification, the relationship between the job duties and the beneficiary’s qualifications, or the employer’s ability to pay the prevailing wage at the time of filing.
  • Removal of Conditions RFEs: I-751 petitions filed by conditional permanent residents frequently receive RFEs requesting additional evidence of the ongoing bona fide marriage or, in waiver cases, documentation of exceptional circumstances. These need careful handling because the stakes include the petitioner’s lawful permanent resident status.
  • Adjustment of Status RFEs: These can arise at multiple stages of the I-485 process and may challenge admissibility, prior immigration violations, medical examination findings, or the continued validity of the underlying petition.

Responding to an RFE When Your Case Is Already at a Service Center

One of the most disorienting aspects of receiving an RFE is that your case is no longer in your hands in the way it was when you originally filed. USCIS holds the file. The original petition and supporting documents are already part of the record. Your response does not replace what was filed. It supplements and addresses it. That means any inconsistency between your RFE response and the original filing will be visible to the adjudicator and can create additional problems if not handled carefully.

The first practical step after receiving an RFE is to read every page of the notice carefully. Many RFEs identify multiple issues, some clearly stated and some embedded in boilerplate language. Responding to only the obvious issue while missing a secondary evidentiary request is a common mistake that results in denial even after a good-faith response effort. Attorney Sullivan reviews the full RFE notice, maps every stated deficiency, and builds a response matrix that addresses each one before drafting begins.

Documentation gathering runs in parallel with legal drafting. For Hanover-area clients, relevant documents may include records from Dartmouth-Hitchcock Medical Center, employment verification from Dartmouth College or affiliated research institutions, financial records from local New Hampshire banking institutions, or lease agreements for properties in Hanover, Lebanon, or surrounding communities. Foreign documents require certified translation. Evidence gathered after the RFE was issued must be dated appropriately, and some categories of evidence carry specific weight considerations that affect how they should be presented.

USCIS processes RFE responses at the same service center that issued the request. For cases assigned to the Nebraska or Texas Service Centers, which handle the majority of family and employment-based petitions for New Hampshire residents, response packages must be sent to the correct address listed on the RFE notice itself, not the original filing address. Submitting to the wrong location is a procedural error that wastes critical days of the response window.

Questions About RFEs That Come Up Frequently

What happens if I do not respond to an RFE by the deadline?

USCIS will treat a non-response as an abandonment of the petition and issue a denial. That denial becomes part of your immigration record and may affect future filings. The response deadline is a hard cutoff. USCIS does not routinely grant extensions, and requests for additional time are rarely approved.

Can I file a new petition instead of responding to the RFE?

In most cases, filing a new petition while an RFE is pending is not the right strategy. USCIS may deny the original petition for non-response if you stop engaging with it, and a new filing starts your place in line over again, which matters significantly in employment-based categories with long visa backlogs. There are narrow situations where refiling makes sense, but that decision requires careful analysis of the specific petition category, the priority date involved, and the nature of the deficiency raised.

Does receiving an RFE mean my case will be denied?

No. Many petitions that receive RFEs are ultimately approved. The outcome depends almost entirely on the quality and completeness of the response. An RFE is a request for more information, not a preliminary denial. Denials that follow RFEs typically happen when the response fails to address the identified issues, when submitted evidence is insufficient, or when the underlying legal theory is not adequately supported.

How long does USCIS take to adjudicate a case after receiving the RFE response?

Processing times after RFE responses vary by service center and petition category. USCIS does not guarantee a specific timeframe for post-RFE adjudication. Current processing times are published on the USCIS website and are updated regularly. In some categories, premium processing is available and can reduce the wait to a matter of weeks. Whether premium processing applies to your petition category is something Attorney Sullivan can address during the case review.

Can I submit additional evidence beyond what USCIS specifically asked for in the RFE?

Yes, and in most cases you should. The RFE identifies the issues USCIS found deficient, but you are not limited to responding only to those specific requests. If the original petition had other evidentiary weaknesses that USCIS did not specifically flag, addressing them in the RFE response strengthens the file and reduces the likelihood of a second RFE or a denial on different grounds.

What if my situation has changed since the original petition was filed?

This depends on the type of change and the petition category. For some petition types, changes in employment, address, or marital status need to be reported and may affect eligibility. For others, changes are irrelevant to the pending adjudication. The critical point is that USCIS adjudicates petitions based on eligibility at the time of filing for most benefit categories, but ongoing eligibility matters for others. Attorney Sullivan reviews changed circumstances in the context of the specific petition before advising on how to address them.

I received an RFE on a petition that a different attorney filed. Can your firm take over the response?

Yes. Attorney Sullivan handles RFE responses for petitions that were filed by other attorneys or filed without counsel. Before taking on an RFE response for an outside-filed petition, he reviews the full original filing to understand what was submitted, what representations were made, and where the gaps that generated the RFE actually lie. That review is essential because the response must be consistent with and build on the existing record.

Are RFEs in employment-based cases more complex than those in family-based cases?

They tend to be structurally different rather than categorically more difficult. Employment-based RFEs, particularly in EB-2 NIW and EB-1 extraordinary ability categories, often require detailed legal analysis under specific regulatory frameworks and supporting evidence from outside experts. Family-based RFEs more frequently require additional personal documentation and relationship evidence. Both require careful attention to what USCIS actually asked and a response that closes the evidentiary gap completely.

Can an attorney help if I have already received a denial after an RFE?

Possibly, depending on the petition category and the grounds for denial. Options following a denial may include a Motion to Reopen, a Motion to Reconsider, an appeal to the USCIS Administrative Appeals Office, or a new filing if the underlying eligibility issues have been resolved. Each of these carries its own requirements and timelines. Attorney Sullivan does not handle removal defense, deportation proceedings, or asylum matters, but for denials arising in family-based or employment-based petition categories, he can assess whether post-denial relief is viable.

What documentation should I have ready when I contact your firm about an RFE?

The RFE notice itself is the most important starting document. Beyond that, having the original petition forms, the filing receipt notice, and whatever supporting documents were submitted with the original filing helps Attorney Sullivan assess the situation accurately. You do not need to have everything organized before reaching out. The consultation process will identify what is needed and in what order to gather it.

RFE Representation Across the Upper Valley and New Hampshire

The Law Office of Jason M. Sullivan, PLLC serves clients throughout New Hampshire who are navigating RFEs on pending USCIS petitions. In the Upper Valley region, the firm works with clients in Hanover, Lebanon, White River Junction, Norwich, Lyme, Orford, and Haverhill. Across the state, the firm serves families and professionals in Concord, Manchester, Nashua, Portsmouth, Dover, Durham, Keene, Claremont, Laconia, Rochester, and communities throughout the Lakes Region, the Seacoast, and the North Country. The firm also serves select clients in Miami and South Florida who need disciplined, attorney-direct immigration counsel.

Whether your case is pending at the Nebraska Service Center, the Texas Service Center, or is moving through consular processing for a New Hampshire-based petitioner, the firm’s familiarity with how those adjudicating bodies evaluate evidence informs every response it prepares. Geography does not limit the quality of representation. Many clients work with Attorney Sullivan remotely throughout the entire representation, from the initial case review through the final submission of the RFE response package.

Speak Directly With a Hanover Immigration Attorney About Your RFE

An RFE response prepared without a clear strategy and strong evidentiary foundation is an opportunity missed. If you have received a Request for Evidence from USCIS on a pending family-based or employment-based petition, the consultation with a Hanover immigration attorney at this firm begins with a direct review of the notice and a candid assessment of what the response requires. Attorney Jason M. Sullivan handles every aspect of RFE representation personally, and fixed legal fees mean you know the cost of that representation before work begins. Contact the Law Office of Jason M. Sullivan, PLLC to schedule a consultation and get a clear picture of where your case stands and what it takes to move it forward.