How to Handle a USCIS Request for Evidence (RFE)

One of the hurdles you may encounter along your path to U.S. citizenship is a Request for Evidence (RFE) from the United States Citizenship and Immigration Service (USCIS). An RFE isn’t a rejection — it’s an opportunity to strengthen your case and provide additional information to support your application.

In this article, we'll explain what to do when you receive a USCIS Request for Evidence and help you prepare an effective response that increases your chances of a successful immigration outcome. If you need further assistance with your immigration case, consider consulting a trusted family-based immigration law firm for professional guidance and support.

Why Did You Receive an RFE?

The purpose of a Request for Evidence is to seek additional information or documentation from an applicant when their initial submission for a particular immigration benefit is insufficient or unclear. Essentially, it’s the USCIS’s way of saying, "We need more information before we can proceed".

The reasons for receiving an RFE can vary widely:

• Missing initial evidence: Essential documents like a birth certificate or marriage certificate were not included.
• Insufficient evidence: The documents you submitted didn’t clearly establish eligibility.
• Document translations: You submitted documents in a foreign language without certified translations.
• Outdated or incorrect forms: You used the wrong version of a USCIS form or failed to follow specific filing instructions.
• Medical records: The application is missing required medical records, such as a completed Form I-693.

Fortunately, many of these issues are relatively simple to resolve.

How to Handle an RFE Notice

When you receive an RFE notice, take the time to read it thoroughly. The notice will explain what evidence the USCIS is requesting, why it’s needed, and how to submit it. It will also include a strict response deadline of up to twelve weeks from the date the notice was issued. Missing this deadline could result in the denial of your application.

The notice may ask for additional evidence to prove you are eligible for a green card, such as proof of your bona fide marriage, evidence of your financial stability, or up-to-date vaccination records. It will also include a mailing address for submission, as well as specific formatting or document requirements. You must follow any instructions carefully to avoid further delays or even a denial.

How to Respond to an RFE

Successfully responding to an RFE requires careful preparation and attention to detail. Start by thoroughly reviewing the form until you understand exactly what the USCIS needs. Identify any missing or insufficient documents and make a checklist of everything you need to gather. You'll need to address every issue mentioned in the notice, as partial responses could lead to further issues.

Next, collect the requested evidence. This might include vital records like birth certificates or marriage certificates, financial documents like bank statements, or sworn statements from third parties to support your case.

If certain documents are unavailable, the USCIS might accept secondary evidence or written explanations outlining why you cannot provide them. For instance, if a birth record is missing, alternative evidence such as hospital records or affidavits from family members may suffice. An immigration attorney can advise you as to whether this evidence will be enough to satisfy the USCIS.

Once you’ve gathered the necessary materials, organize them carefully. Include a cover letter that summarizes your response, references the original RFE notice, and explains how each document addresses the issue at hand. Proper organization makes it easier for the USCIS officer reviewing your case to process your response quickly and efficiently.

Tips for a Successful RFE Response

The way you respond to a Request for Evidence from USCIS will influence the speed and ease with which you move through the immigration process. In fact, your future in the United States may depend on it.

Leave Nothing Unanswered

Provide all of the requested documents; do not submit a partial response. This is not the time to leave questions unanswered or hope that USCIS will overlook missing records.

Be Clear and Concise

Address each request for missing evidence in a direct, concise manner, paying particular attention to the required documents.

If you’ve been asked to submit supporting documents, make sure you label them clearly. Incorporate a table of contents to help USCIS officials review your submission more easily.

Ensure Accuracy

Double-check every document, ensuring that names, dates, and other details match what the USCIS has on file. If you’re submitting translated documents, make sure the translations are certified and meet USCIS requirements. It’s also wise to keep a copy of your entire response packet for your records.

Seek Legal Counsel If Necessary

If the RFE is complicated or if you’re having trouble gathering the requested evidence, consider seeking professional help from an immigration attorney. An attorney can review your RFE notice, help you collect the documents you need, and prepare a well-organized response.

Submitting Your RFE Response

For the sake of making sure you understand what’s required of you, here’s an overview of the steps you’ll need to take to draft and submit your RFE response:

1. Review the RFE: Read the RFE letter from start to finish to determine exactly what USCIS is requesting, paying particular attention to the specific documents or information they request.
2. Compile your response: Gather all the requested documents and supporting information, double-checking that they’re organized and clearly labeled to make it easy for USCIS officials to review.
3. Write a cover letter: Include a cover letter explaining your response; reference the RFE notice and offer a succinct explanation of the documents you’re submitting.
4. Complete Form G-1145 (optional): If you want to receive electronic notifications about your case, fill out and include Form G-1145, "e-Notification of Application/Petition Acceptance”.
5. Follow official formatting guidelines: Make sure you’re abiding by USCIS’s guidelines for formatting your information. Include the original RFE notice on top; underneath it, place your cover letter and all of the requested evidence.
6. Mail your response: Use the address provided on the RFE notice to send your response (it’s a good idea to use a trackable delivery method and keep a copy of everything you submit).

Submitting a complete, orderly RFE response is non-negotiable if you want to ensure the success of your immigration application or petition. Be thorough, accurate, and timely in your submission, and be prepared to act on any further instructions in a similar fashion.

Following Up and Awaiting a Decision

There are several ways you can follow up after submitting a response to a Request for Evidence to United States Citizenship and Immigration Services.

USCIS processing times can vary depending on your case type and the evidence you’ve submitted. You can check the status of your case online using the USCIS tracking system. You might also consider contacting USCIS customer service or your immigration attorney for updates if a long enough time has passed and you still haven’t heard anything.

Patience is key during this period. USCIS officers must carefully review your response, including any secondary evidence or supporting documents, to determine whether you’ve met the eligibility requirements for your immigration application or petition.