How to Handle a Request for Evidence (RFE) From USCIS

The election of our President Donald Trump has had and will have a profound impact on the immigration process in the U.S. Not always, but certainly more often since Trump has been elected, the USCIS' default response to Visa applications seems to be to send an RFE.

However, an RFE does not mean that your application will be denied. It merely means that the USCIS wants more specific information about your file.

Don't fear the RFE!

Qualified experts can see you through the process. We are experts in responding to RFE's, and we can help you get through the process. Please contact us if you have any questions about the RFE process or any other immigration matters.

What is an RFE?

When U.S. Citizenship and Immigration Services (USCIS) needs more information in order to proceed any further on your application, it will issue you a Request for Evidence (RFE). You will need to respond to the RFE within the timeframe indicated (usually 30 to 90 days, but never longer than 12 weeks) so that the immigration official adjudicating your case will have enough evidence to make a favorable decision.

An RFE does not necessarily mean you will be denied!

If you receive an RFE, don't panic! It does not mean that the denial of your application is inevitable - only that USCIS needs more information from you in order to make a decision. Keep in mind that USCIS has the power to deny immigration applications without first issuing RFEs, so you should be thankful for the opportunity to correct information, provide more documentation, and convince immigration officials to approve your case.

Just make sure that you return your RFE before the deadline given by USCIS. If you fail to respond, USCIS will either determine that you abandoned your application and issue a denial, or it will make an ultimate decision on your case without the information that it requested (which most likely will result in a denial as well). This is why it is important that you change your address with USCIS if you move, or make arrangements for your mail to be forwarded to you if you travel extensively. If USCIS sends you a RFE, you don't want to miss it.
You only get one chance to respond to an RFE!

You have only three options when you respond to an RFE in the time allocated by USCIS:
• You can submit all of the requested evidence at the same time.
• You can "partially respond" by providing some of the evidence that was requested, which will alert USCIS that you would like a decision to be made based on the information it has at that time.
• You can withdraw your application.
USCIS regulations require that you submit all the requested materials at the same time, so do not send evidence to USCIS in separate mailings. If you send back the RFE and later remember that you failed to include other documents - even if you send these documents prior to the deadline - USCIS will likely not consider this evidence when deciding your case.

Please contact us if you have any questions about the RFE process or any other immigration matters at info@thevictorialawgroup.com

There are various types of nonimmigrant or immigrant visas for the U.S. The purpose of your intended travel and other facts will determine what type of visa is required under U.S. Immigration law. It is important to have information about the type of visa you will need and the steps required to apply for the visa at a U.S. Embassy or Consulate abroad. Pre-Immigration Planning is often overlooked, but it is nonetheless crucial to help ensure a worry-free move to the U.S.

Atto
eys at The Victoria Law Group can help you with any of the visas you choose.

Contact us with questions.

Types of Visas we work with: EB-5, EB1 and EB2 visas, E-visas, and L Visas among others.