Responding to a Request for Evidence
Requests for Evidence (RFE) are issued when U.S. Citizenship and Immigration Services (USCIS) requires additional information to process your case. Although serious and time-sensitive, receiving an RFE does not mean that your case has been or is certain to be denied.
If you do receive an RFE, it is very important that you identify when the response is due (typically between 30 and 87 days). Failure to respond to the RFE in time will most likely result in your case being denied. It is also important to know that the response should be received by USCIS on the date due, and not just mailed on that date.
When responding to an RFE, you should be sure to include all of the information requested. USCIS will accept a partial response as though it was the entire response and will generally not “wait” for you to obtain additional evidence.
Although responding to an RFE is critical to your case as failure to respond will most likely result in a denial, it may help to view an RFE as an additional opportunity to submit evidence and therefore like a second chance you have to convince USCIS that your case warrants approval.
An experienced immigration attorney can review your RFE with you to determine what underlying issue is unresolved and how to best respond with evidence which would hopefully lead to a favorable decision in your case. All hope is not lost when you receive an RFE, however given the time sensitive nature of RFEs, it is essential that you contact an immigration attorney as early as possible and provide the attorney with a copy of the RFE so they may review it in advance of your consultation.
