What is a Request for Evidence?

What is a Request for Evidence?

Sep 21, 2023

In the complex world of immigration, applicants often encounter a crucial stage known as the Request for Evidence (RFE). Understanding what an RFE is, why it's issued, and how to respond effectively can significantly impact the success of your immigration application. New York City Immigration Attorney Amanda Shaffer, delves into the details of RFEs, breaking down the process and providing essential tips for a successful response.



Demystifying the Request for Evidence (RFE) Process


In the complex world of immigration, applicants often encounter a crucial stage known as the Request for Evidence (RFE). Understanding what an RFE is, why it's issued, and how to respond effectively can significantly impact the success of your immigration application. In this comprehensive guide, we'll delve into the details of RFEs, breaking down the process and providing essential tips for a successful response.


USCIS Request for Evidence.


An RFE is a formal request issued by a government agency, such as the United States Citizenship and Immigration Services (USCIS), to seek additional information or documentation from an applicant. It signifies that the reviewing officer needs more clarity or evidence to make a well-informed decision on your immigration application. RFEs can be issued in various immigration contexts, including visa applications, green card petitions, and naturalization applications.


Why Are RFEs Issued?


RFEs are not uncommon, and they serve specific purposes in the immigration process:

  1. Incomplete Documentation: Sometimes, applicants may inadvertently omit required documents or provide incomplete information in their initial submissions. An RFE can be issued to fill these gaps.
  2. Eligibility Confirmation: Officers use RFEs to verify an applicant's eligibility for a particular immigration benefit. For instance, if you're applying for a family-based green card, you might be asked to provide additional evidence of your relationship with the sponsoring relative.
  3. Evidence Insufficiency: In cases where submitted evidence does not sufficiently establish eligibility, an RFE prompts applicants to provide more compelling proof. This can include financial records, affidavits of support, or employment documentation.


How to Respond to an RFE

Receiving an RFE can be unnerving, but a well-prepared response can strengthen your case. Here's a step-by-step guide:


  1. Thoroughly Review the RFE: Carefully read the RFE notice to understand exactly what is being requested. Pay attention to deadlines and the specific evidence needed.
  2. Gather Required Documents: Collect all the requested documents and ensure they are accurate and up-to-date. This may include tax returns, birth certificates, or letters of support.
  3. Provide a Clear Response: Craft a detailed and organized response that directly addresses each point in the RFE. Use clear language and provide context where necessary.
  4. Consult an Attorney: If the RFE is complex or you're unsure how to respond, it's advisable to seek legal counsel from an immigration attorney or accredited representative.
  5. Maintain Open Communication: If you need more time or encounter difficulties gathering certain documents, communicate with the agency and request an extension if necessary. Prompt communication is crucial.
  6. Submit the Response: Ensure your response is well-packaged and clearly labeled. Send it by certified mail or a secure method to track delivery.


Common Types of RFEs


RFEs can take various forms, depending on the nature of the application:

  1. Evidence RFE: This is the most common type, requesting specific documents or evidence to substantiate your eligibility.
  2. Request for Clarification RFE: If your application contains ambiguities or inconsistencies, you might receive a request to clarify certain details.
  3. No-Match RFE: If there is a discrepancy between the information provided and government databases, an RFE may seek to resolve these discrepancies.


Conclusion

Request for Evidence (RFE) notices can be unnerving, but they are a standard part of the immigration process. When you receive an RFE, it's essential to remain calm, review the request thoroughly, and respond comprehensively and within the specified timeframe. Seek legal advice when ever you are in doubt, RFEs are best left to expert immigration specialists like the Shapiro Law firm.


Remember that a well-prepared response to an RFE can significantly increase your chances of a successful immigration outcome, ultimately bringing you one step closer to achieving your American Dream.