What is a Request for Evidence from USCIS?

After filing an application for a visa or green card, you might receive a Request for Evidence from USCIS. This request, usually called an RFE, is not a rejection or denial. That is a critical fact to remember. Instead, USCIS is requesting additional information before they can make a determination as to an immigration benefit. Contact The Law Office of Jason M. Sullivan if you receive an RFE so that we can help you gather the information requested.

Common Reasons for an RFE & How to Respond

USCIS probably will issue an RFE in the following situations:

• Your application is missing documents or is otherwise incomplete. You might have failed to include marriage certificates, birth certificates, employment verification letters, or proof of financial independence. No decision can be made until you provide complete information.
• You have not proven that you are eligible for the benefit. For example, you might not have proven that you entered a bona fide marriage.
• Your supporting documents are unclear, illegible, partially destroyed or erased, or outdated. You will need to provide updated copies.

It is critical that you not overlook the RFE or simply expect USCIS to track down the information for you. Ultimately, it is up to the applicant to prove by a preponderance of the evidence that they are entitled to a benefit.

Although an RFE is not a rejection or denial, you cannot refuse to respond in a timely fashion. Failure to provide supporting documentation or information can ultimately result in a denial if you wait too long.

Read the RFE carefully so you can identify what is missing and what you need to provide. USCIS will usually give you a deadline between 30 and 90 days.

You should move quickly to gather necessary information. For example, you might need to request copies of birth certificates in your home country, or you should find financial documents to prove that you are financially self-supporting. It might take longer than expected to obtain what you need, so start early.

Contact a lawyer if you do not already have one. A lawyer can easily identify what documentation or information is missing and help you find necessary documents. Your lawyer can help with other parts of the case, such as preparing you for an interview if one is required.

Applicants receive RFEs in a variety of contexts. You might have applied for an immigration benefit based on marriage, familial status, or employment. Some of the documents you need might not be in your possession or control.

If you did provide required information and USCIS lost it, then we can focus on obtaining proof of delivery the next time you send replacement documents.

Speak with an Immigration Lawyer Today

The Law Office of Jason M. Sullivan provides legal representation to those in Portsmouth, New Hampshire and Miami, Florida. We know the process for requesting a visa or adjustment of status is confusing, so we simplify everything for our clients. Contact our office today to schedule a consultation with an immigration lawyer.

Source:

uscis.gov/policy-manual/volume-1-part-e-chapter-6