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Request for Evidence from USCIS

Received a Request for Evidence from USCIS | Document Evaluation

Request for Evidence from USCIS

What is RFE?

An RFE (Request for Evidence) is a formal request from the United States Citizenship and Immigration Services (USCIS) to an applicant for additional evidence or information needed to make a decision on an immigration application. Here are the key details about RFEs:

  1. Purpose of RFE: USCIS issues an RFE when the initial documentation submitted with an immigration application is insufficient to determine eligibility. It’s a way for USCIS officers to request more information before making a decision.
  2. Types of Cases:
    • RFEs can be issued for various immigration applications, including but not limited to:
      • H-1B visas (for specialty occupation workers)
      • Family-based green card applications
      • Employment-based green card applications
      • Adjustment of Status applications
      • Naturalization (citizenship) applications
  3. Content of RFE:
    • An RFE typically specifies exactly what information or evidence is needed to address the concerns or gaps identified by USCIS.
    • It may request specific documents such as birth certificates, marriage certificates, tax records, employment letters, or affidavits.
  4. Response Deadline:
    • USCIS sets a deadline by which the applicant must respond to the RFE. This is usually a few months from the date the RFE was issued.
    • Failing to respond by the deadline can result in denial of the application.
  5. Impact on Processing Time:
    • The issuance of an RFE can significantly delay the processing of an application. Once USCIS receives the requested evidence, the case goes back into the queue for review.
  6. Handling an RFE:
    • When an RFE is received, it’s crucial to carefully review the request and prepare a comprehensive response.
    • Consult with an immigration attorney if needed to ensure that the response is accurate and addresses all USCIS concerns.
  7. Possible Outcomes:
    • After receiving the response to an RFE, USCIS will review the additional evidence provided.
    • If the evidence is sufficient and meets the requirements, the application can proceed to the next stage.
    • If the evidence is still deemed insufficient, USCIS may issue a denial of the application.
  8. Appeals and Further Steps:
    • If an application is denied after responding to an RFE, applicants may have the option to appeal the decision or reapply, depending on the specific circumstances and type of application.
  9. It’s important to take RFEs seriously and respond promptly and thoroughly to maximize the chances of a successful outcome for your immigration application. If you’re currently dealing with an RFE or have specific questions about the process, feel free to ask for more detailed advice or guidance.

What are the chances of approval after RFE?

The chances of approval after responding to a Request for Evidence (RFE) from USCIS can vary based on several factors, including the quality of the response provided, the specific requirements of the immigration benefit sought, and the overall merits of the case. While it’s challenging to provide an exact percentage or statistic, here are some considerations that can influence the likelihood of approval after submitting an RFE response:

  1. Quality and Completeness of Response: The most critical factor in determining approval after an RFE is the quality and completeness of the response submitted to USCIS. It’s essential to address all issues raised in the RFE thoroughly, provide all requested documentation, and present a compelling case that meets the eligibility criteria for the immigration benefit sought.
  2. Adherence to USCIS Guidelines: Following USCIS guidelines and requirements for responding to the RFE is crucial. This includes submitting the response within the specified deadline, providing accurate information, and formatting the response in a clear and organized manner.
  3. Strength of Supporting Evidence: The strength of the additional evidence submitted in response to the RFE plays a significant role. Providing robust evidence that demonstrates eligibility for the immigration benefit can increase the chances of approval.
  4. Complexity of the Case: Some immigration cases are more complex than others. The complexity of the case and the specific issues raised in the RFE can influence the likelihood of approval. Complex cases may require more detailed and comprehensive responses.
  5. Previous Immigration History: The applicant’s immigration history and any past issues or concerns raised by USCIS can impact the outcome. If there are prior issues or discrepancies, addressing them transparently and providing adequate explanations and documentation is essential.
  6. Consultation with an Immigration Attorney: Working with an experienced immigration attorney can significantly improve the chances of a successful response to an RFE. An attorney can provide guidance on how to address USCIS’s concerns effectively and navigate the complexities of the immigration process.

While there are no guarantees in the immigration process, many applicants who respond to RFEs promptly and thoroughly with the assistance of legal counsel ultimately receive approval for their applications. If you have received an RFE or anticipate receiving one, consulting with an immigration attorney is highly recommended to assess your options and maximize your chances of a favorable outcome.

Are you facing a Request for Evidence (RFE) from USCIS and need assistance in preparing a thorough response? Our team specializes in guiding immigrants through the complexities of immigration applications.

Let Document Evaluation help you navigate the RFE process:

  • Ensure your response is comprehensive and meets USCIS requirements.
  • Address all concerns raised by USCIS with accuracy and clarity.
  • Maximize your chances of a successful outcome for your immigration application.

Contact Document evaluation today for personalized assistance and guidance tailored to your specific situation. Don’t navigate the RFE process alone—trust our experienced team to support you every step of the way.

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