Request For Evidence (RFE), is a formal response from USCIS, issued when insufficient or suspicious data is found in a pending petition for an immigration benefit. RFE and petition processing is a fairly volatile area in the US Immigration Law, and changes there occur almost yearly.
Based upon the response from the attorney or the petitioner USCIS subsequently makes a decision to adjudicate or deny the petition.
RFE's are typically issued for questions regarding:
- lack of supporting documents
- clerical error(s) on the filed petition
- windows in legal stay in the country
- information that may be lacking from the petition that is needed to adjudicate the case, including an Affidavit attesting to the bona fide nature of the relationship.
- marriage/birth certificates and English translations
- evidence of Eligibility (I-797, Notice of Pending/Approved I-130/I-129F, Evidence of Nationality, etc.)
- I-693, Medical Exam/Supplemental I-693, Vaccinations
RFE does not contest lack of payment, or missing forms.
- All initial evidence should be submitted at the time of filing. If the initial review finds that initial evidence is missing, the USCIS will generally issue a request for evidence (RFE) for the missing documentation.
- Adjudication of ancillary benefit applications (such as I-765 and I-131 applications) may be delayed if all initial evidence in support of the principal application is not submitted at the time of filing.
- Applicants should submit the response to the RFE (with the original request) as quickly as possible to the office issuing the request. Do NOT send the response to the Chicago Lockbox!
- Always return the entire original request for evidence (color copy) with the complete response to the request for evidence. DO NOT mail portions of the original request for evidence separately. Make a photocopy of the original request for evidence for your files. Returning the original RFE will make the response easier to identify in the incoming mail and get the response filed with the file as quickly as possible so that the processing of the case can continue.
- Respond to the RFE exactly as instructed.
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NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney.