Request for Evidence (RFE) Meaning & What Steps You Need To Take
IMMIGRATION ATTORNEY LAURA LEON
What a Request for Evidence Means for Your Immigration Case
Any mail from immigration authorities can cause anxiety, but a request for evidence is particularly nerve-wracking. People often assume that this is just an extra step before denial, but an RFE does not mean that your application has been denied. It does mean that immigration authorities need more information and that failing to respond could be bad for your case.
An experienced immigration attorney can help you understand what USCIS is asking for and how to respond appropriately. Call Laura Leon Law, PLLC at 979-401-2737 to schedule a consultation with our team now.
Table of Contents
CONTACT US TODAY
TO SCHEDULE A CONSULTATION
RFE Meaning: What is a Request for Evidence?
A request for evidence is a notice sent by USCIS when they need additional information regarding an application or petition you have sent in. It doesn’t mean that your application is going to be denied; it simply means that they currently do not have enough information to make a decision. For example, they may need additional documents, clarification on certain aspects of your petition, or more concrete proof that you qualify for the type of relief or status you are requesting.
RFEs are very common in all types of immigration cases, including family-based petitions, employment visas, green cards, asylum cases, and naturalization. What matters now is how you respond to the RFE.
Request for Initial Evidence vs. Request for Additional Evidence
There are a couple different types of RFEs, and understanding the differences between them can help you respond with the right information. A request for initial evidence is sent when the original application or petition is missing required documents. You may have failed to send in required forms, failed to sign the forms you submitted, or submitted with filing errors. USCIS cannot begin reviewing your application or petition until you submit what they’ve requested.
A request for additional evidence is sent after USCIS has reviewed your filing but cannot make a decision until they get more information. They may want information regarding your relationship (for marriage-based immigration), financial support documentation, information regarding your work, or proof of continuous residence. The main difference between request for evidence and request for additional evidence is what type of evidence they need.
Common Reasons USCIS Issues an RFE
USCIS may choose to send an RFE for a variety of reasons, including:
- Insufficient proof of eligibility
- Inconsistent or unclear information
- Weak evidence of a romantic relationship or marriage
- Incomplete financial documents
- Issues with employer documentation
- Prior immigration history concerns
- Lack of translated documents
A request for evidence may indicate that USCIS needs clearer or more concrete support, not that your case is doomed to fail.
CONTACT US TODAY
TO SCHEDULE A CONSULTATION
Timeline for an RFE
There’s no cut-and-dry deadline for an RFE response, as USCIS sends RFEs for different reasons and types of petitions. Generally, you have between 30 and 84 days to reply. However, it’s important to note that the deadline for a request for evidence is usually very strict. Getting an extension is difficult and failing to respond in time can result in your application or petition being rejected.
Many people respond to their RFE and immediately ask, “How long does USCIS take to respond to RFE?” Again, there’s no one clear answer for this. A lot of factors go into the response timeline, including the case type, which USCIS service center is handling your claim, how much evidence you submit, how complex your evidence is, and the current workload at the agency as a whole.
Why RFEs Are Risky
While replying to a request for evidence promptly is a good way to keep your case moving, simply gathering documents and sending them in without first verifying you’re sending the right paperwork can be detrimental to your case. RFEs can be quite nuanced, and sending the wrong evidence (or too little evidence) may work against you.
Common mistakes include:
- Sending insufficient evidence
- Sending irrelevant, outdated, or disorganized documents
- Ignoring the legal standards applied by USCIS
- Contradicting information you included in your initial filing
This may be your last chance to correct any potential issues before USCIS just denies your application. Responding strategically can give you the best chance possible at a favorable outcome.
How Laura Leon Law Can Help With Your RFE
At Laura Leon Law, PLLC, we do more than just help you with RFE paperwork. We look at the correspondence you’ve received to figure out what USCIS is really asking for and why, determining any weaknesses in your initial filing that may have led to the RFE, and deciding which evidence to send back to USCIS. We work to send a clear and well-structured response letter that is consistent with prior filings. By compiling your evidence and sending it in well ahead of the deadline, we strive to ease your anxiety and fight for a good outcome.
CONTACT US TODAY
Schedule Your RFE Consultation Today
If you’ve received a request for evidence, we’re here to help. Call us at 979-401-2737 or get in touch online to discuss your USCIS correspondence and develop a plan moving forward.
