What Is a Request for Evidence (RFE) and Why Did I Receive One?

The U.S. immigration system can feel overwhelming, especially when unexpected hurdles arise. One such challenge many applicants face is receiving a Request for Evidence, commonly referred to as an RFE, from U.S. Citizenship and Immigration Services (USCIS). If you’ve received an RFE, it’s natural to feel concerned, but it’s important to understand that this does not mean your application is being denied. Instead, it is an opportunity to provide additional information to support your case.

What Is an RFE and Its Purpose?

An RFE is a formal request issued by USCIS when the initial evidence provided with your application is insufficient to make a final decision. Rather than rejecting your petition outright, USCIS uses RFEs to give applicants a chance to fill in any gaps. This additional evidence helps USCIS verify your eligibility for the visa, green card, or other immigration benefit you’re pursuing. Think of it as an open door to strengthen your case.

For example, if you’re applying for a green card through marriage but didn’t submit enough evidence to prove the authenticity of your relationship, USCIS may issue an RFE asking for joint financial records, photographs, or affidavits from friends and family. RFEs vary widely and are tailored to the specific missing or unclear information in your application.

Why Did I Receive an RFE?

Several reasons may prompt USCIS to issue an RFE, and receiving one doesn’t automatically indicate a major issue with your case. Some common reasons include:

1. Incomplete Documentation

USCIS requires specific forms and evidence for each type of immigration benefit. If an essential document, such as a birth certificate or employment verification letter, is missing, an RFE may be issued.

2. Unclear or Contradictory Information

If the details provided in your application seem inconsistent or lack clarity, USCIS might request additional documentation to confirm the facts. For instance, differing addresses on your submitted forms could trigger a request for clarification.

3. Insufficient Proof of Eligibility

Applications often require supporting evidence to demonstrate eligibility. For example, an applicant filing for an H-1B visa might receive an RFE asking for additional proof that the job qualifies as a “specialty occupation.”

4. Outdated or Expired Documents

If the documents you submitted, such as a passport or medical examination report, have expired, USCIS will usually request updated versions.

Practical Tips for Responding to an RFE

Receiving an RFE is not the end of the road. If handled carefully, it’s an opportunity to make your case stronger. Here’s how you can respond effectively:

1. Understand the RFE

Carefully read the notice to identify what information USCIS needs. RFEs list specific documents required, so it’s crucial to address each item thoroughly.

2. Gather Comprehensive Documentation

Provide clear, well-organized responses with all requested evidence. Double-check that everything is properly labeled and formatted to avoid further delays.

3. Pay Close Attention to Deadlines

USCIS typically gives 87 days to respond to an RFE. Missing this deadline can jeopardize your application, so plan accordingly.

4. Seek Professional Assistance

Immigration laws and requirements can be complex. Consulting with an experienced immigration attorney, like those at Sverdloff Law Group, can make the process smoother. We can help you compile the strongest possible response and avoid common pitfalls.

Contact Us For Help

RFEs can be daunting, but they are not uncommon. They are often a simple request for clarity or additional proof. At Sverdloff Law Group, we understand the stress these requests can bring, and we are dedicated to helping immigrants like you respond to RFEs with confidence. If you’ve received an RFE, reach out to us today so we can help you take proactive steps toward achieving your immigration goals.