How to Respond to a Request for Evidence (RFE) from USCIS

What Is a Request for Evidence (RFE)?

A Request for Evidence (RFE) is a written notice from U.S. Citizenship and Immigration Services (USCIS) indicating that the agency needs additional documentation or information before it can make a decision on your immigration application or petition. Receiving an RFE does not mean your case has been denied. It means that the USCIS adjudicator reviewing your case has determined that the evidence you submitted with your original filing is insufficient to establish eligibility for the benefit you are seeking.

RFEs are issued under the authority of 8 CFR Section 103.2(b)(8), which allows USCIS to request additional evidence when the initial submission does not establish eligibility. The regulation requires that the RFE specifically identify what evidence is needed, give the applicant a reasonable deadline to respond (typically 30 to 87 days depending on the type of case), and explain what will happen if the applicant fails to respond.

Common immigration forms that frequently generate RFEs include Form I-130 (Petition for Alien Relative), Form I-140 (Immigrant Petition for Alien Workers), Form I-485 (Application to Register Permanent Residence or Adjust Status), Form I-765 (Application for Employment Authorization), Form I-751 (Petition to Remove Conditions on Residence), and Form N-400 (Application for Naturalization).

Why Did You Receive an RFE?

Understanding why USCIS issued an RFE is the first step toward crafting an effective response. Common reasons include:

Insufficient documentation: You may not have included all required supporting documents with your original filing. For example, a marriage-based I-130 petition requires evidence of a bona fide marriage, such as joint bank account statements, joint lease or mortgage documents, joint insurance policies, photographs together, and affidavits from people who know you as a couple. If these were not included or were insufficient, USCIS will request them.

Inconsistent or unclear information: If information in your application conflicts with supporting documents, or if your responses to questions are ambiguous, USCIS may issue an RFE seeking clarification. For instance, discrepancies in dates, addresses, or employment history between your application and supporting evidence will raise concerns.

Missing required forms or fees: Sometimes an RFE is issued because a required supplementary form was not included with the initial filing, or because the correct fee was not paid.

Medical examination issues: For adjustment of status applications (Form I-485), the medical examination report (Form I-693) must meet specific requirements. If the examination was conducted too early, was incomplete, or used an outdated version of the form, USCIS will request a new or updated medical examination.

Proof of eligibility for a specific classification: For employment-based petitions, USCIS may request additional evidence to establish that the beneficiary meets the qualifications for the specific visa classification, such as evidence of specialized knowledge for L-1B petitions or evidence of extraordinary ability for O-1 petitions.

How to Read and Understand Your RFE

When you receive an RFE, read it carefully and completely before taking any action. An RFE typically contains the following sections:

Case identification: The top of the RFE will include your receipt number, the form number of the petition or application at issue, your name, and your A-number (alien registration number) if applicable.

Statement of the issue: USCIS will explain what specific requirement or element of your case has not been adequately established. Pay close attention to the exact language used, as USCIS adjudicators often reference specific regulatory provisions (such as 8 CFR Section 204.2(a)(1)(iii) for marriage-based petitions) and cite the specific evidence standards that apply.

Evidence requested: The RFE will list the specific documents or information that USCIS needs to continue processing your case. This section is the most important part of the RFE and must be addressed completely and thoroughly in your response.

Response deadline: The RFE will specify a deadline by which your response must be received by USCIS. This is not a postmark deadline; your response must physically arrive at the designated USCIS office by the specified date. The standard response period is 87 days for most RFEs, although some case types have shorter deadlines.

Consequences of non-response: The RFE will explain that failure to respond by the deadline will result in USCIS making a decision on your case based solely on the evidence already in the record, which typically means denial.

Step-by-Step Guide to Responding to an RFE

A well-organized, comprehensive response to an RFE can make the difference between approval and denial of your case. Follow these steps:

Step 1: Calendar your deadline immediately. As soon as you receive the RFE, note the response deadline. Set calendar reminders for at least two weeks before the deadline and one week before the deadline. USCIS deadlines are strictly enforced under 8 CFR Section 103.2(b)(11), and late responses will generally not be considered. Also note that the deadline printed on the RFE is calculated from the date the RFE was issued, not from the date you received it. Mail delays can significantly reduce your actual response time.

Step 2: Read the entire RFE at least twice. Understand exactly what USCIS is requesting. Highlight or underline each specific document or piece of information requested. Create a checklist of every item USCIS has asked for.

Step 3: Gather responsive evidence. Collect all documents and information that USCIS has requested. Where possible, provide more evidence than the minimum requested. For example, if USCIS requests "evidence of a bona fide marriage," do not submit just one or two documents. Submit a comprehensive package including joint financial accounts, joint leases or property ownership, joint insurance, utility bills showing cohabitation, photographs at different times and events, birth certificates of children born to the marriage, and sworn affidavits from friends and family who can attest to the genuineness of the relationship.

Step 4: Prepare a cover letter. Your response should include a detailed cover letter that addresses each point raised in the RFE, organizes the evidence you are submitting, and explains how each document satisfies the evidentiary requirement identified by USCIS. The cover letter should reference the specific regulatory provisions cited in the RFE and explain how your evidence meets the applicable legal standards. Label each piece of evidence with an exhibit number or tab that corresponds to the item discussed in the cover letter.

Step 5: Include copies of key documents from your original filing. If relevant, include copies of important documents that were submitted with your original application. This helps the adjudicator review your case comprehensively without having to search through the entire file.

Step 6: Include the RFE notice itself. USCIS requires that you include the original RFE notice (or a copy) with your response. This helps USCIS match your response to the correct case file.

Step 7: Make copies of everything. Before sending your response, make a complete copy of every document you are submitting for your own records. This protects you in case documents are lost in the mail or in USCIS processing.

Step 8: Use a trackable delivery method. Send your response via USPS Express Mail, FedEx, UPS, or another delivery service that provides delivery confirmation. Keep the tracking number and delivery receipt. Do not send your response by regular mail without tracking, as you will have no proof that your response was received by the deadline.

Common Mistakes to Avoid When Responding to an RFE

Many applicants inadvertently weaken their cases by making avoidable mistakes in their RFE responses:

Providing only what was specifically requested: While you must address every item listed in the RFE, submitting only the bare minimum of evidence is a mistake. If USCIS questioned the bona fides of your marriage, for example, submit an overwhelming amount of evidence demonstrating the genuineness of your relationship. The more credible evidence you provide, the stronger your case.

Missing the deadline: Under 8 CFR Section 103.2(b)(11), if you fail to respond to an RFE by the stated deadline, USCIS will make a decision based on the record as it stands. There is no automatic extension of the deadline. If you need more time, consult with an attorney about potential options, but understand that extensions are rarely granted and there is no regulatory right to one.

Submitting inconsistent information: Your RFE response must be consistent with the information in your original application. If there are discrepancies, address them directly in your cover letter with a clear explanation. Unexplained inconsistencies raise credibility concerns and can lead to denial or referral to the Fraud Detection and National Security (FDNS) Directorate.

Failing to translate documents: All documents submitted to USCIS in a language other than English must be accompanied by a certified English translation, per 8 CFR Section 103.2(b)(3). The translation must include a certification by the translator stating that the translation is complete and accurate and that the translator is competent to translate from the foreign language into English. Submitting untranslated documents is a common and easily avoidable error.

Ignoring part of the RFE: If an RFE requests multiple items, you must respond to each one. Failing to address any item in the RFE can result in a denial, even if you adequately responded to other items. If you genuinely cannot provide a specific document (for example, a record that has been destroyed or does not exist), explain why in your cover letter and provide secondary evidence or a sworn affidavit.

What Happens After You Submit Your RFE Response

After USCIS receives your RFE response, the adjudicator will review the additional evidence in conjunction with the evidence already in your file. There are several possible outcomes:

Approval: If the additional evidence satisfies the adjudicator's concerns, your case will be approved. You will receive an approval notice (Form I-797, Notice of Action) and, depending on the type of application, may receive further instructions about next steps such as scheduling an interview or receiving your card.

Second RFE: In some cases, USCIS may issue a second RFE if the response to the first RFE partially addressed the concerns but additional evidence is still needed. While there is no regulatory limit on the number of RFEs USCIS can issue, the 2018 USCIS Policy Memorandum PM-602-0163.1 established a policy encouraging adjudicators to issue a denial rather than a second RFE in many cases. However, this policy has been subject to change, and the current administration's approach may differ.

Notice of Intent to Deny (NOID): If the evidence submitted in response to the RFE is still insufficient, USCIS may issue a Notice of Intent to Deny (NOID) under 8 CFR Section 103.2(b)(8)(iv). A NOID gives you one final opportunity to submit evidence or arguments before a denial decision is made. Treat a NOID with the same urgency and thoroughness as an RFE.

Denial: If USCIS determines that your response did not overcome the deficiencies identified in the RFE, your case will be denied. The denial notice will explain the reasons for denial and, depending on the type of case, may inform you of your right to appeal or file a motion to reopen or reconsider.

Special Considerations for Different Case Types

Marriage-based cases (I-130/I-485): RFEs in marriage-based cases most commonly request additional evidence of a bona fide marital relationship. USCIS will scrutinize joint financial documents, cohabitation evidence, and proof of commingled lives. Include evidence from multiple time periods to show the ongoing nature of the relationship, not just evidence from around the time of the marriage ceremony.

Employment-based cases (I-140): RFEs for employment-based petitions often focus on whether the position qualifies as a specialty occupation, whether the beneficiary has the required education or experience, or whether the employer can pay the offered wage. Detailed expert opinion letters, organizational charts, financial statements, and evidence of the beneficiary's specialized qualifications are critical in responding to these RFEs.

Removal of conditions (I-751): When joint filing with a spouse to remove conditions on residence, USCIS may request additional evidence of a bona fide marriage that has not been entered into for the purpose of evading immigration laws. If you are filing a waiver (for example, due to divorce or abuse), the RFE may request evidence specific to the waiver ground, such as a divorce decree, evidence of abuse, or evidence of extreme hardship.

Naturalization (N-400): RFEs in naturalization cases may relate to continuous residence requirements, physical presence requirements, good moral character issues, or English and civics test results. Respond with clear documentation addressing the specific concern raised.

Frequently Asked Questions

Can I request an extension of the RFE deadline? There is no regulatory right to an extension. USCIS may, in its discretion, grant additional time, but this is extremely rare. Your best course of action is to begin preparing your response immediately upon receiving the RFE and work within the deadline provided.

Should I hire an attorney to respond to an RFE? While you are not required to have an attorney, it is strongly recommended, especially for complex cases. An experienced immigration attorney can analyze the legal basis for the RFE, help you gather the most effective evidence, draft a persuasive cover letter citing relevant regulations and case law, and ensure your response is complete and submitted on time.

What if I cannot obtain a document that USCIS requested? If a specific document is unavailable (for example, a birth certificate from a country where civil records are unreliable or destroyed), you should submit a detailed explanation of why the document is unavailable, provide secondary evidence (such as church records, school records, or sworn affidavits from people with direct knowledge), and, if applicable, include a statement from the relevant government authority explaining that the record is unavailable. USCIS allows secondary evidence under 8 CFR Section 103.2(b)(2)(i) when primary evidence is unavailable.

Does receiving an RFE mean my case is likely to be denied? Not at all. Many cases that receive RFEs are ultimately approved after a complete response is submitted. The RFE is simply USCIS's way of telling you that they need more information. A thorough and well-organized response can overcome the adjudicator's concerns and lead to approval.

Can I submit additional evidence that was not specifically requested in the RFE? Yes. You are not limited to submitting only the evidence specifically requested. If you have additional evidence that supports your case and demonstrates your eligibility for the benefit you are seeking, include it. However, organize your response so that the specifically requested items are addressed first and clearly, with supplemental evidence clearly labeled as additional supporting documentation.

How J. Lee & Associates Can Help with Your RFE

At J. Lee & Associates, we understand the stress and anxiety that comes with receiving an RFE from USCIS. Our experienced immigration attorneys have helped hundreds of clients in the Atlanta metro area successfully respond to RFEs across all immigration case types. We provide thorough analysis of the RFE to understand exactly what USCIS is requesting and why, strategic guidance on the most effective evidence to submit, professional drafting of cover letters that address the legal standards and regulatory provisions at issue, and organization and presentation of evidence in the most persuasive format.

Time is critical when responding to an RFE. Contact our office immediately upon receiving an RFE to ensure you have maximum time to prepare a comprehensive response. Call us at (770) 995-8700 or visit our office at 1250 Tech Dr, Suite 240, Norcross, GA 30093. We proudly serve the immigrant communities of Norcross, Lawrenceville, Duluth, Gwinnett County, and the greater Atlanta metro area.