By the time USCIS specifies that it requires additional details to make a judgment on your immigration case, it will forward you a request for evidence, which is also described as RFE. United States Citizenship and Immigration Services will deliver it to the mailing address you mentioned in your request. In this writing, we will clarify what a United States Citizenship and Immigration Service application for proof is, the steps to bypass RFE, and how to answer a USCIS Request for Evidence if you obtain one.
Table of Contents
Request For Evidence (RFE)
USCIS will forward you a Request for Evidence on your request if it specifies that it requires additional details to conclude processing your request. For instance, if you are making an application for a green card, you are required to offer sufficient proof to ascertain that you are qualified. If you do not provide adequate evidence to verify your qualifications, USCIS may forward you a Request for Evidence.
United States Citizenship and Immigration Service mails out Form I-797E, a Notice of Action when it provides a Request for Evidence. You will obtain Form I-797E at the mailing address that you offered on your application. Suppose your mailing address has been modified since you presented your request. In that case, you must update your new address with the United States Citizenship and Immigration Service to ensure you do not ignore any crucial updates.
Every Request for Evidence consists of four primary factors:
- the law,
- a list of the proof you presented,
- a list of the evidence you are omitting, and
- a response deadline.
The Law
The Request for Evidence often starts by citing United States immigration law. This citation will direct to a section of the Immigration and Nationality Act, which addresses the provisions for the kind of relocation request you presented. Commonly speaking, unless you intend to challenge the application with the assistance of an attorney, this section of the Request for Evidence is optional. What is important is that you provide any demanded proof as fast as possible.
Proof Presented
This part points out the proofs you have already presented per your application. Check again the list of evidence the United States Citizenship and Immigration Service has obtained from you to verify that it consisted of everything you forwarded with your original request. If the United States Citizenship and Immigration Service did not attach something you presented on this list, you must show it again as part of your Request for Evidence response parcel.
Proof Omitted
After the United States Citizenship and Immigration Service mentions what it has already acquired from you, it will mention the omitted proof that it still requires. The absence of evidence stops the agency from carrying out a judgment on your case based on the conditions of the immigration law cited earlier in the letter. This section of the Request for Evidence is usually quite long since the United States Citizenship and Immigration Service will often consist of details such as qualification provisions that have not been met and optional documents that you can present if you do not possess the demanded originals. You must check this section very closely and be aware of all the information you will need to attach in your Request for Evidence response to assist your case.
Response Deadline
Eventually, at the end of the Request for Evidence, the United States Citizenship and Immigration Service will offer you a deadline for presenting your Request for Evidence response and the mailing address to forward it. The response deadline will enable you to understand when you must place your Request for Evidence response together and send it. Know that your response is required to reach the United States Citizenship and Immigration Service office by the deadline. It is not authorized to have your response postmarked by the deadline. In this part, the United States Citizenship and Immigration Service will inform you of the effects of not presenting your Request for Evidence response by the deadline. The most common outcome is that the United States Citizenship and Immigration Service will check your application without the omitted details and possibly reject your request.
Does Obtaining An RFE Imply My Application Was Refused?
No. Obtaining a Request for Evidence does not imply that the United States Citizenship and Immigration Service has refused your application, neither does it mean that it will reject your request. It only indicates that the United States Citizenship and Immigration Service requires additional details from you to make a judgment on your request. When you obtain a Request for Evidence, you must present your response by the time mentioned on the Requeat for Evidence letter. If this does not happen, the United States Citizenship and Immigration Service will either decide that you have renounced your request and forward you a refusal or proceed and conclude your case without the extra details demanded. Due to this, it is critical to ensure that the United States Citizenship and Immigration Service possesses your updated address if you relocate to ensure that you can acquire the letter and present your response in the determined period.
Is Notice of Intent To Deny A Type of RFE?
Notice of Intent to Deny (NOID) can be assumed to be a more crucial aspect of a Request for Evidence. United States Citizenship and Immigration Service will forward you a Notice of Intent to Deny and not a Request for Evidence when it discovers that you are not qualified for the requested immigrant visa. The Notice of Intent to Deny mentions why the United States Citizenship and Immigration Service intends to refuse your request and provides you an opportunity to protect your application against refusal. You commonly possess a shorter period to present a Notice of Intent to Deny response than you have for a Request for Evidence response. Obtaining a Notice of Intent to Deny does not imply that the United States Citizenship and Immigration Service has refused your request. It only means that unless you can persuade the agency otherwise. A Notice of Intent to Deny usually implies that your case is complex; therefore, it is proper not to handle one alone.
How to Bypass An RFE
Request for evidence may take so much time and energy to respond to, and they often delay your request. It is proper to prevent them by presenting an arranged and entire application the first time you apply. If you observe the USCIS application manual closely and attach all the required papers, you can bypass a Request for Evidence. Below are some hints to prevent obtaining a Request for Evidence.
Offer all Needed Initial Evidence
For every immigration form filed by you with the United States Citizenship and Immigration Service, there are form manuals obtainable that inform you precisely the ways to get ready. These directions also mention the proof required to attach with your application when you present it to the United States Citizenship and Immigration Service. If you fail to attach all the needed documents, you will likely obtain a Request for Evidence. USCIS demands all types of proof records. For instance, if you were applying for a marriage-based green card and did not attach evidence that you are married, you are bound to obtain a Request for Evidence from USCIS. Also, you may receive a Request for Evidence if the papers you attach are challenging to read.
Attach Document Translations
Suppose the papers you present as proof are written in a language other than English, and you did not include a Certified English Translations to United States Citizenship and Immigration Service. In that case, you may obtain a Request for Evidence. Every document presented to USCIS must be translated into English by someone other than you or your sponsor to ensure the reviewing official can process your request. Your International language documents must be officially translated, preferably by a lawful official who does translations to ensure that the documents do not forfeit any legal description.
Should you find this piece engaging, we kindly invite you to explore the wealth of content in our other articles:
Provide Thorough Proof of Your Visa Sponsor’s Income
The hint is relevant to family-based immigrant visa candidates with a petitioner supporting their behalf. For this kind of request, the United States Citizenship and Immigration Service needs candidates to ascertain that their sponsor possesses a family income of a minimum of 125 percent of the national poverty level. If your sponsor’s income is not massive enough, or if you do not offer sufficient details to indicate you earn enough, the United States Citizenship and Immigration Service may mail you a Request for Evidence demanding you make a stronger case concerning your sponsor’s monetary standing. In most situations, the agency may need you to get an extra sponsor.
Provide Evidence of Legal Entry
Suppose you apply for a change of status (to those presenting their application for immigration from inside the United States ). In that case, you are required to present evidence that you arrived in the nation legally. This can be indicated using a passage from your passport consisting of the Customs and Border Patrol (CBP) signature or your Form I-94 travel record. If you do not offer enough proof of lawful access, you are bound to obtain a Request for Evidence demanding you to explain the information of your landing in the United States. The most appropriate method to bypass a Request for Evidence is to present a concluded application at the initial time.
A Step-By-Step Manual to Responding to an RFE
If you obtain a Request for Evidence from the United States Citizenship and Immigration Service, concentrate on the response deadline mentioned. Your response parcel is required to land at USCIS on or before this date. It is inappropriate to have your parcel postmarked by the deadline. Get ready on time and act fast. It usually takes longer to obtain the needed proof than you would imagine.
Step One: Make A Copy of the Request for Evidence Letter
When you obtain a Request for Evidence, first of all, make a copy of the document. You will be required to present the original Request for Evidence letter, which is the Blue Paper obtained from USCIS with your response to enable USCIS to process the response with your case adequately.
Step Two: Assemble the Demanded Evidence
The most essential stage in your Request for Evidence response is assembling the demanded evidence. United States Citizenship and Immigration Service will often inform you exactly what proof you must provide. It can be anything from omitted passport pages, an inconclusive bank statement, or a birth certificate not submitted in English. In a situation like this, you are required to attach concluded versions of the omitted records.
In most Requests for Evidence, USCIS may declare that some of the papers you offer from your home nation as proof are not enough. United States Citizenship and Immigration Service may communicate this due to the knowledge of the document type your home nation makes for things that include marriage. If you obtain such a Request for Evidence, you must visit the State Divisions United States Visa: Reciprocity and Civil Documents by Country web page. Here, you will discover a list of records from your home nation and what records they are equivalent to in the United States.
A common rule of thumb is the more proof you provide, the higher the chances for approval. At least, you are required to provide United States Citizenship and Immigration Services with what they are demanding on the Request for Evidence. If you do not identify what the USCIS demands, look at the filing directions for the immigrant forms you filed on the United States Citizenship and Immigration Services website for more tips. USCIS will not forward the documents you submitted in your Request for Evidence response back to you. Due to this, you are required to attach duplicates rather than the original records unless USCIS demands it.
When to Meet an Attorney for a RFE
In other Requests for Evidence, United States Citizenship and Immigration Services will question your qualification for the immigration services you are applying for due to some factors of United States immigration law. In this situation, you will be required to verify in your Request for Evidence response that you are qualified for the request you are presenting. If you obtained this kind of Request for Evidence, you may be required to speak to a skilled immigration lawyer who can assist you in specifying how to respond and which records you should present as proof.
Step three: Arrange your RFE Response Packet
Gather your response to the Request for Evidence like USCIS mentioned the proof. The original copy of the Request for Evidence is required to be the first page of your response. Then, it is a perfect idea to attach a cover letter that mentions all the details that the United States Citizenship and Immigration Service official reviewing your response will discover in your Request for Evidence response parcel. You must mention the enclosed proof to know which you attached to make it simple for the USCIS official checking to locate documents when they handle your case.
Step four: Forward your RFE Response Parcel to USCIS
This last step is to forward your response parcel to the mailing address mentioned on the Request for Evidence notice. You must deliver your response to this address and not another USCIS address you may have initially mailed documents. Forward your Request for Evidence response to the parcel as fast as possible to ensure it does not reach the USCIS after the Reqesut for Evidence deadline. If your RFE response comes after the deadline has elapsed, USCIS will not regard it when checking your application. This may trigger the agency to refuse your application.
Select a shipping service with tracking for the same motive. If you have any questions concerning if you presented the demanded proof on time, you want to be able to have evidence. If you do not have proof that you compelled the deadline, the United States Citizenship and Immigration Service may refuse your application.
Types of RFE Response
You can reply to a Request for Evidence using one of these three methods:
- Total response
- Partial response
- No response
Total Response
Regarding the total response, you attach all the proof USCIS demanded from you before the deadline. You have to make it your objective to go above and beyond the evidence that the United States Citizenship and Immigration Service requires to ensure that you do not risk any more problems with your request.
Partial Response
If it is not feasible to obtain all the proofs required, you are required to present a partial response to the United States Citizenship and Immigration Service. In the partial response, you will attach as much proof that USCIS demanded as you can. You will then be required to clarify to USCIS the reason it is not feasible for you to obtain the missing evidence. You should attach proof that verifies the demanded proof is unavailable with your description.
A partial response demonstrates to the United States Citizenship and Immigration Service that you would prefer the agency to carry on a judgment on your case with the obtained proof at the time. If you are anxious that the omitting evidence will trigger USCIS to reject your request, you can cancel your application without a penalty; however, you will not obtain your filing fee back.
No Response
You may refrain from responding to a Request for Evidence from USCIS. If you choose not to answer or you are not able to before the deadline offered. USCIS will carry out two things:
- Go ahead with your case without the demanded proof, usually resulting in a refusal
- Specify that you have renounced your claim and offer a denial.
None of this is an ideal choice; therefore, if you do not intend to respond to a Request for Evidence, it is usually better to cancel your request by reaching out to USCIS: https://www.uscis.gov/contactcenter
