Have you received an RFE from the USCIS? Here is how to Handle a Request for Evidence (RFE) From USCIS?
When you file a case with the U.S. Citizenship and Immigration Services (USCIS), you may receive an RFE (Request for more Evidence in order to proceed any further on your application. You must respond to the RFE within the period stated (usually 30 to 90 days, but never longer than 12 weeks). It is important that you answer completely so that the immigration official adjudicating your case will have enough evidence to make a favorable decision. In this article, you will find guidance about how to assemble a convincing RFE response for USCIS. Recently with the Trump administration, there has been a 45% increase in REFE requests, so don’t worry if you receive an RFE, you can answer it and get your case approved.
In this article, Moses Apsan provides you guidance on how to respond and assemble a persuasive RFE response for USCIS.
An RFE Does Not Mean that your application will be denied
If you receive an RFE, don’t get excited. An RFE does not mean portent an inevitable denial of your application. It is only that the USCIS need more information to make a decision. Understand, the USCIS can deny an application without sending an RFE. So, it is better to receive an RFE then to receive a denial. The RFE gives you the opportunity to correct any error in your application and to convince the USCIS that your application should be approved.
Be careful to return your RFE before the deadline you are given by USCIS. If you fail to respond in time, the USCIS will either, decide that you abandoned your application and issue a denial, or it will make a decision on your case without the information that it requested (which probably will result in a denial).
You Get Only One opportunity to Respond to an RFE!
In responding to the RFE, you have 2options:
1. You can withdraw your application.
2. You can submit the requested evidence.
The USCIS regulations oblige you to provide all the requested documentation at the same time. Be careful not to send only part of the documentation requested, because USCIS will make a decision with only the information it has.
But if for some reason, you forgot to send everything, then send it in any way, as long as it is within the time permitted.
What Should You Return With Your RFE?
Depending on what is requested, your response can be very simple, or it can be complicated. For example, it can ask for a copy of your wife’s birth certificate or a copy of your passport. Other RFE ‘s might name complicated provisions of U.S. immigration law and ask you to specify information or documents to help establish that you are truly qualified for the immigration benefit. It is important that you comprehend precisely what is being requested before responding to an RFE. If you are not sure what you should submit to USCIS, consult an immigration attorney who will help you in responding the RFE and to assemble the requested documentation.
How to Accumulate and Send Your RFE Response?
1. Make a duplicate copy of the RFE notice and keep a copy for your records, because the original RFE should be the first page of your response. if you do not include the original notice on top, you can expect additional delays.
2. Write a cover letter that lists the items in your submission.
3. Make copies everything that you send and save it for your records.
4. The RFE document contains the address to which your response should be mailed. Be sure that you mail your response only to that address. It's best to mail the RFE response via priority mail with delivery confirmation. This way you have proof that you responded in time.
What Will Happens Next?
When an RFE is issued, all processing on your case stops. Once you send the documents and information requested by the RFE, processing on your case continues. Normally you will receive a response within 60 days.
If you receive an RFE and are confused as to what to do, do not hesitate to call us. We have helped thousands of people resolved complicated RFE’s. We can help you.
