What Should you do if you Receive a Request for Evidence (RFE) by USCIS

A Request for Evidence ("RFE") is a written notice issued by U.S. Citizenship and Immigration Services ("USCIS") to request additional evidence, documentation and/or information from you to adjudicate your application.

Once this is issued, take a look at the notice date along with the deadline date on the RFE. You will want to make sure that you comply with USCIS' request by submitting the requested documentation on a timely basis. Please note, if you submit the RFE response after the due date, USCIS will adjudicate your application on what has been previously submitted which may lead to a denial. Here are some helpful tips which may help you in the RFE response process:

Helpful tip 1: It is recommended that all supporting documents gathered to address the RFE be submitted all at once.

Helpful tip 2: It is also not recommended to submit a response and then attempt to supplement it later because USCIS may or may not consider it. Speak to an attorney if you get to this point, proper strategy and review of your RFE is recommended.

Helpful tip 3: If you don't have information or documentation that USCIS is looking for, don't just re-submit what you have previously submitted to them during your initial application submission unless USCIS is specifically re-requesting it.

Helpful tip 4: Don't panic! USCIS is just looking for more information before a decision can be made. Think of it as an extra chance to strengthen your case!

Make sure to review the entire RFE request line-by-line to see what documents you can provide that may further support your case. If you are not sure about what it says, you may reach out to an experienced immigration attorney to assist. Enclosing a cover letter with the evidentiary support is very important and make sure to include the RFE notice as well. Pay close attention to where the submission needs to be mailed, it should be indicated on the notice itself. If you are not seeking assistance from an attorney, remember to make exact copies of the submission and have proof of mailing.

Helpful tip 5: Do not submit the RFE response by regular mail! Try FedEx or priority mail with tracking! And mail out the response ahead of time, do not wait till the last minute.

Once the RFE response is submitted, USCIS may or may not change your case status online. If you are really concerned, you may contact them over the phone to inquire. Otherwise, if the case status has changed online, you may wait approximately 60 to 90 days for further action by USCIS. It can take longer than that too since USCIS has been experiencing a lot of backlog.

If you really need assistance with your RFE, reach out to an experienced immigration attorney in advance to see what can be done to comply with USCIS' request.

(This blog was written by Attorney Poonam Minhas which entails informational guidance that should not be construed as legal advice or any formation of an attorney-client relationship. If you have any questions pertaining to your own case, you may contact Law Offices of P. Minhas, P.C. privately to discuss your matter in a confidential consultation.)