1. What is a Request for Evidence (RFE) from USCIS?

A Request for Evidence (RFE) is a formal notice issued by the United States Citizenship and Immigration Services (USCIS) to an applicant or petitioner who has filed an immigration petition. It is a request for additional documentation or evidence to support that person’s eligibility for the benefits they are seeking, such as a visa, green card, or citizenship. The RFE will specify what information is missing or inadequate and provide a timeframe for the response. Failure to provide a complete and timely response may result in denial of the petition or application.

2. Why did I receive an RFE on my case status?

Receiving a Request for Evidence (RFE) is a common part of the immigration process and does not necessarily indicate any issues with your case. There are a few reasons why you may have received an RFE on your case status:

1. Additional Information: Sometimes, the USCIS may need more information or documents to make a decision on your case. The RFE will specify the requested information and provide a deadline for submitting it.

2. Inaccurate or Incomplete Information: If there are errors or missing information in your initial application, the USCIS may issue an RFE to give you a chance to correct these mistakes.

3. Changed Circumstances: In certain cases, personal circumstances or immigration laws may have changed since you initially filed your application. An RFE may be issued to ensure that your case is evaluated under the most current guidelines.

4. Consistency Check: The USCIS may compare the information provided in your application with government databases and find discrepancies. They will issue an RFE to clarify these discrepancies.

5. Eligibility Verification: Your eligibility for the requested immigration benefit may be subject to verification through additional documents or evidence. The RFE will specify what needs to be submitted for this verification.

In short, receiving an RFE does not necessarily mean that there is something wrong with your case, but rather that the USCIS needs more information from you before making a decision. It is important to respond promptly and thoroughly to avoid any delays in processing your case.

3. How do I respond to an RFE from USCIS?

If you receive a Request for Evidence (RFE) from USCIS, it means that the agency needs additional information or documentation in order to make a decision on your application. You should respond to the RFE promptly and thoroughly in order to avoid delays or potential denial of your application. Here are the steps you should take:

1. Read the RFE carefully: Make sure you understand exactly what USCIS is requesting from you.

2. Gather all requested documents: Collect all the documents requested in the RFE and make sure they are organized and properly labeled.

3. Understand the deadline: The RFE will typically have a deadline for response, typically within 30-90 days. Make sure you note this deadline and try to submit your response as soon as possible.

4. Determine if you need legal assistance: Depending on the complexity of the RFE and your personal situation, you may choose to seek legal assistance from an immigration attorney or accredited representative.

5. Prepare a detailed response: Write a detailed cover letter explaining why you are responding to the RFE and how you are addressing each request made by USCIS. Be sure to reference specific evidence or documents included in your response.

6. Submit your response: Mail or electronically submit your response to the address provided on the RFE notice, making sure it is received before the deadline.

7. Keep copies of everything: Make copies of your entire RFE response package for your records.

8. Track your response: If mailing, consider sending it via certified mail with return receipt requested so you have proof that USCIS received your response on time.

Remember, failure to respond to an RFE will likely result in denial of your application, so be sure to take this step seriously and provide all necessary information requested by USCIS.

4. Can I request an extension to respond to the RFE?

Yes, you can request an extension to respond to the RFE. You must submit a written request for an extension, along with an explanation for why you need more time to respond. The USCIS will review your request and may grant the extension if they find it necessary. However, it is important to note that the USCIS has the discretion to deny or approve your request. It is best to respond to the RFE within the given deadline, but if you need more time, make sure to file your request for an extension as soon as possible.

5. Will my case be denied if I don’t respond to the RFE?

It is possible that your case could be denied if you do not respond to the RFE. USCIS typically gives a deadline for response, and if the request is not met within that timeframe, they may deny the application due to lack of sufficient information. However, every case is different and it ultimately depends on the specific circumstances and reasoning behind the RFE. It is important to carefully follow all instructions and provide any requested evidence in order to avoid any potential delays or denials in your case.

6. What documents should I include in my response to the RFE?

The documents you include in your response to the RFE will depend on the specific request made by USCIS. However, some common documents that you may need to provide include:

1. Supporting evidence for the criteria mentioned in the RFE – This could include financial records, medical documents, or proof of relationship.

2. Completed forms and applications – If you were asked to submit a specific form or application with your initial petition, make sure to include a completed and signed version in your response.

3. Updated or additional supporting documents – If any relevant circumstances have changed since you initially filed your petition, such as a change in employment or marital status, make sure to include updated documentation.

4. Copies of previous immigration applications or notices – If you have previously applied for any immigration benefits, providing copies of these applications can help strengthen your case.

5. Cover letter – A cover letter explaining the contents of your response and how they address the issues raised in the RFE can be helpful in organizing your response.

6. Proof of eligibility – Depending on the type of visa or benefit requested, you may need to provide copies of passports, birth certificates, marriage certificates, or other official documents that prove your eligibility.

7. Translation of foreign language documents – If any of your supporting documents are not in English, they must be accompanied by certified translations.

It is important to carefully follow all instructions and submit all requested materials promptly to avoid any delays in processing your case.

7. Can I provide new evidence not included in my initial application with the response to the RFE?

Yes, you can provide new evidence with your response to the RFE. This may include additional documents, statements from witnesses, or other relevant information that supports your case. It is important to carefully review the RFE and submit all requested information in a timely manner to increase your chances of success.

8. How long do I have to respond to the RFE?

Typically, USCIS allows a response to an RFE within 87 days. However, the response time may vary depending on the complexity of the request and specific circumstances of the case. It is important to respond as soon as possible to avoid any delays in processing your immigration application.

9. Will responding to an RFE delay the processing time of my case?

Yes, responding to an RFE can delay the processing time of your case. This is because USCIS will not continue processing your case until they receive and review your response to the RFE. Additionally, if the response to the RFE is incomplete or requires further clarification, USCIS may issue another RFE or ultimately deny your application. It is important to respond to an RFE as accurately and quickly as possible in order to minimize any potential delays in the processing of your case.

10. Can a lawyer help me with responding to an RFE?

Yes, a lawyer can help you with responding to an RFE (Request for Evidence). An experienced immigration lawyer will have the knowledge and expertise to understand the specific requirements of your case and prepare a response that addresses each point in the RFE. They can also advise you on what documents and evidence to include in your response to strengthen your case. An attorney can also handle communications with USCIS on your behalf, ensuring that all necessary information is submitted within the specified deadline.

11. Is it possible to prevent an RFE from being issued on my case status?

Yes, there is no guarantee that an RFE will not be issued on your case status. However, you can reduce the likelihood of receiving an RFE by thoroughly completing and submitting all necessary documentation and evidence with your initial application or petition. It is also helpful to follow all instructions carefully and provide clear and concise explanations for any potential issues or concerns raised by immigration officials. Additionally, seeking the assistance of an experienced immigration attorney can also help ensure a well-prepared and thorough application that minimizes the chances of an RFE being issued.

12. Will I receive a new estimated decision date after submitting a response to the RFE?

It is possible that you may receive a new estimated decision date after submitting your response to the RFE. This will depend on the complexity of your case and the time it takes for the USCIS officer to review and consider your response. The estimated decision date may also be affected by any other pending cases or backlogs within the USCIS processing center. It is important to remember that the estimated decision date is only an estimate and does not guarantee a decision by that date.

13. What does it mean if my case status changes from “RFE mailed” to “RFIE Response Review”?

When your case status changes from “RFE mailed” (Request for Evidence) to “RFIE Response Review” (Review of RFE response), it means that USCIS has received and is reviewing your response to the RFE. An RFE is a request for additional evidence or information that USCIS needs in order to make a decision on your immigration application. When you receive an RFE, you must respond within the specified timeframe with the requested evidence or information.

Once USCIS receives your response, they will update your case status to “RFIE Response Review” to indicate that they are now reviewing the evidence you provided. This does not necessarily mean that a decision has been made on your case, but simply that USCIS is actively reviewing your submitted materials.

It is important to note that while your case is under review, the status may change back and forth between “RFIE Response Review” and “RFE Mailed,” as USCIS may request further clarification or additional evidence before making a final decision on your application. It is also possible for the status to remain at “RFIE Response Review” for an extended period of time if there are complex issues in your case.

If you have any questions or concerns about the status of your case, it is recommended to contact USCIS directly for more information.

14. If I submit multiple responses, will they all be considered for decision or just one response at a time?

It depends on the specific instructions or guidelines provided by the organizer. It is best to check with them directly to clarify.

15. Can I withdraw my case and refile instead of responding to an RFE?

Yes, you can withdraw your case and refile instead of responding to an RFE. However, this may not be the best course of action as it could lead to delays and potentially result in a denial if the new application is not strong enough. It is generally recommended to respond to the RFE and provide all necessary information and documents requested by USCIS.

16. Do all types of US immigration applications receive RFIs or just some specific categories?

RFIs, or Requests for Evidence, can be issued for any type of US immigration application. However, they are more commonly issued for complex cases or when the adjudicating officer needs additional information to make a decision on an application.

17. Can I submit additional forms along with evidence for a stronger response to the RFI?

Yes, you can submit additional forms and evidence along with your response to the RFI. Providing additional forms and evidence may strengthen your overall response to the RFI and provide more comprehensive information for consideration. However, make sure to carefully read the instructions and guidelines provided by the organization issuing the RFI to ensure that they allow for supplementary materials to be submitted. Additionally, if you are submitting physical copies of these forms and evidence, make sure to include clear labeling or tabs so that they are easily distinguishable from your main response.

18.Is there a set format for responding to an ERFI, such as font size, spacing, etc.?

There is no set format for responding to an ERFI, as each organization may have their own preferred formatting. However, it is important to follow any specific instructions provided by the sender of the ERFI and to make sure that your response is clear, concise, and professional. Some common formatting suggestions include using a standard font such as Times New Roman or Arial, using single or double spacing, and ensuring that your response is well-organized and easy to read. It may also be helpful to use headings or bullet points to clearly outline your response. Ultimately, the most important factor is to make sure that your response addresses all of the questions and information requested in the ERFI in a professional manner.

19.What happens if USCIS requests additional information but I am unable to provide it?

If USCIS requests additional information but you are unable to provide it, your application may be denied. It is important to carefully review the request and determine if there is any way you can obtain the requested information or alternatively, if there is any alternative evidence you can provide that would satisfy the request. If you are still unable to provide the requested information, it is best to consult with an immigration attorney for guidance on how to proceed.

20.How long does it take for USCIS decision after submitting a response to an immigration request for evidence?

The processing time for USCIS decisions can vary depending on various factors such as the complexity of the case, workload at the USCIS office, and any further review required. Generally, it takes an average of 2-4 months for USCIS to make a decision after submitting a response to a request for evidence. However, some cases may take longer or shorter periods of time.