In U.S. immigration processes, a Request for Evidence (RFE) is a formal way for the U.S. Citizenship and Immigration Services (USCIS) to ask for additional information or documentation before making a decision on an immigration case. While receiving an RFE might seem intimidating, it’s important to understand what it means, why it happens and how to respond effectively.
What is an RFE?
An RFE is essentially a notice sent by USCIS when they require more information to process your application or petition. This request may arise for various reasons, including:
- Missing or incomplete documentation.
- Clarifications on the information provided.
- The need to verify your eligibility under specific requirements.
RFEs can request information you’ve already provided, new documents, or a mix of both.
Why are RFEs becoming more common?
Although RFEs have long been part of the immigration process, their frequency has increased significantly under recent administrations. Policies and practices implemented during the Trump administration emphasized additional scrutiny, and this trend continued under the Biden administration, much more than what most immigration professionals expected.
As a result, applicants have found themselves dealing with RFEs more often, even when their cases initially seemed straightforward.
How Should You Handle an RFE?
If you receive an RFE, here are the key steps to take:
- Read the RFE Carefully.
The notice will outline exactly what USCIS needs from you. Pay close attention to the deadline, as you MUST submit the requested information within the specified timeframe (usually 30 to 90 days). - Evaluate the Request.
Determine whether the RFE is asking for:- Additional documentation you didn’t include in the original application.
- Clarifications on specific points.
- Evidence to address potential inconsistencies or gaps.
- Gather and Submit Complete Information.
USCIS expects a thorough and accurate response. Missing details or insufficient documentation could lead to a denial. - Consult an Immigration Attorney.
RFEs can be complex and the stakes are often high. An attorney can help ensure your response is complete, well-organized and addresses all USCIS concerns effectively. - Submit Before the Deadline.
Late responses are generally not accepted, which can result in the denial of your application.
Is an RFE Always Bad News?
Not necessarily. While receiving an RFE can be frustrating, it doesn’t mean your case is in jeopardy. In many instances, an RFE simply reflects USCIS’s need for more information to make an informed decision. Addressing the request promptly and comprehensively can help move your case forward.
The Broader Impact of RFEs
The increasing frequency of RFEs reflects broader challenges in the U.S. immigration system, including delays and administrative bottlenecks. These delays can prolong wait times and create additional stress for applicants and their families.
If you’re navigating the immigration process and receive an RFE, don’t panic. Instead, treat it as an opportunity to strengthen your case by providing the necessary information. Working with an experienced immigration attorney can make a significant difference in ensuring that your response is both timely and complete.
If you have questions or need assistance with an RFE or any other immigration-related matter, feel free to reach out. Staying informed and prepared is key to a successful immigration journey.
