If you’ve submitted an immigration application to USCIS, you might receive a letter asking for additional details, known as a Request for Evidence (RFE). But what is it and what should you do if you don’t know how to respond to a request for more evidence?
Receiving a request for evidence is not uncommon It just means they need more information to move forward with your case. At Gireud | Hobbs, PLLC, we understand that receiving a request for initial evidence or a request for evidence can fill you with uncertainty. We’ve outlined what you can expect. We can also help you submit your evidence to give you the best chance of approval.
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What is a Request for Evidence?
A Request for Evidence (RFE) is a formal notice from U.S. Citizenship and Immigration Services (USCIS). It indicates that the officer reviewing your application or petition needs additional documents or information to proceed. This could be due to missing evidence, questions about your application, or inconsistencies in the supporting documents you provided. We highly advise you to consult an immigration attorney before submitting any information to USCIS.
Does a Request for Evidence Mean USCIS Plans to Deny My Petition?
If you receive a Request for Evidence, it does not predict a petition’s denial, an arrest or removal. It simply means that the official at USCIS who is looking at your petition and the supportive evidence needs more information. Usually, they just need some clarification to make an informed decision for your case.
Make sure that you compile all the necessary documents to avoid receiving the letter or a request for initial evidence. But even with ample documentation, you could still receive a request for evidence letter.
You must respond to their requests thoroughly and accurately within the specified deadline. Failure to respond or submitting incomplete information can result in a denial of your application.
What Does It Mean If I Received a Request for Initial Evidence?
USCIS sends a request for initial evidence if your original application package is missing the required documents. This could mean missing forms, identification papers, affidavits, or financial records.
For example, missing evidence might include a birth certificate for a green card application or proof of financial support for a sponsorship petition.
If you receive a request for initial evidence, don’t panic—this is your chance to ensure your application meets all the necessary requirements. Responding to their questions quickly will help them move your application to the next step.
Reasons Why USCIS Sends Request for Evidence
- The evidence from your original application is no longer valid.
- You did not submit all required documentation that would prove your eligibility.
- You do not have proof of a financial sponsor nor the means to financially support yourself. This especially applies to family or employment-based petitions.
- You do not have proof of maintaining legal status or entry into the U.S. This includes copies of passport stamps, travel history, or other immigration files.
- You did not provide enough evidence that your marriage is Bonafide.
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How to Respond to a Request for More Evidence?
Here is a step-by-step process on how to respond to a request for more evidence:
1. Read the Entire RFE Notice
The letter will include a section entitled “Evidence Lacking.” It is a list of what exactly is missing in your application or what needs clarification. Pay close attention to the details in this notice. Responding to an RFE may be your only chance to respond and clear up any remaining concerns.
2. Review Your Original Application Package
Sometimes, the requested evidence was actually included in your original application but may have been overlooked by the USCIS officer. If this is the case, include a photocopy of the documents as part of your response.
3. Prepare Your Response Package
To ensure your RFE response package is complete and organized, include the following in a well-assembled package:
- Original Letter of Request for Evidence: Use it as the first page of your response.
- Compile All Requested Documents: Submit all additional or previously included evidence together. USCIS will not allow submissions of multiple packages.
- Annotations: If you’re resubmitting a document or providing alternative evidence, clearly note its relevance.
- Explanations: Write a note if certain conditions apply. For instance, if you were asked for a translation of a bilingual document already in English, point that out.
4. Explanation for Missing Documentation
Can’t provide everything requested? Provide a detailed explanation of why and send alternatives where possible. Include a letter from the issuing authority explaining the absence of missing documents alongside affidavits from family members verifying the information.
5. Include a Clear Cover Letter
A well-written cover letter can simplify the USCIS officer’s review. Use bullet points to summarize the content of your response package and indicate where they can find each document.
6. Submit Before the Deadline
The request for evidence letter will include a response deadline, often provided in days. USCIS must receive your package before this deadline. The mailbox rule does not apply, so plan to send your response early to avoid delays.
7. Secure Back-up Copies of Your Records
Make copies of everything you submit, including the original RFE notice. Always send your package via priority mail with delivery confirmation to prove it was delivered on time.
Consult a Lawyer Before Responding to a Request for Evidence
If you received a notice from USCIS about request for evidence, we will be able to help you. Contact Gireud | Hobbs, PLLC to schedule a free consultation with an experienced immigration attorney who can tell you how to respond to a request for more evidence or initial evidence.
