For purposes of establishing a particular immigration status, the applicant must submit evidence showing that he or she is eligible for it by a preponderance of the evidence. What that means is that the evidence submitted is more likely true than not true. Sometimes, the applicant hasn’t submitted all required initial documentation, or the case file is otherwise insufficient to establish eligibility, so U.S. Customs & Immigration Services (USCIS) will issue a Request for Evidence (RFE). Typically, an RFE will consist of the following:
- It identifies the eligibility requirement that has not been satisfied and why any evidence in support of it is not sufficient.
- If specific required evidence is missing, it will identify it.
- It will mention any other evidence that might be satisfactory.
- Then, it will request that evidence.
Does an RFE Mean a Future Rejection?
No, not at all, unless you fail to respond to it. Your RFE will have a deadline date, and if you fail to respond to it before that deadline, your application might be considered as being abandoned. In the alternative, USCIS might make a determination on your application with the documentation that you previously submitted.
Notice of Change of Address
Your original application will contain your mailing address. If you change addresses while your application is being made, notify USCIS immediately. You don’t want any notices or the like to go to the wrong address and cause delays. Time is a critical factor in any RFE.
How to Respond to an RFE
Don’t panic if you receive an RFE. Relax, and read the request carefully. Respond to the RFE in one single response that is as clear and understandable as possible. If copies of documents are required, include and label them as exhibits. If original documents are requested, don’t respond with copies. Original documents will be returned to you.
How to Avoid an RFE
One of the main reasons for an RFE is omitting simple information, so make sure that you’ve provided everything that USCIS wants. Check and double-check your answers and documents before mailing your package. If documents are submitted in a foreign language, make sure that certified translations of them are provided. Then, before mailing, make sure that your documents are properly organized, and accompany your response with a cover letter. You can even provide an index if you feel that your package needs one. Make sure that a copy of the RFE is the first page of your formal response.
The California Central Valley immigration lawyers t Maison Law can be of great help to you in responding to an RFE notice. If you received an RFE, contact us to arrange for a consultation and review of it. An even better choice is to retain us for purposes of completing and documenting any immigration applications or petitions that you might want to submit. That will drastically reduce the chances of an RFE being issued. In either case, contact our Central Valley immigration lawyers at Maison Law Immigration lawyers with your questions.
