Responses to Requests for More Evidence

We generally don’t recommend asking USCIS for additional time as you’re not entitled to any type of extension by law. But in some rare instances where you have no choice but to respond to an RFE after the deadline, USCIS may review the evidence submitted as if it were timely filed.

Not necessarily. Sometimes USCIS issues a Request for Evidence in error. Our immigration office often see boilerplate RFEs that seem to be not particularly case-specific.

The deadline will be clearly listed on the top of the Request for Evidence. It is always a good idea to send in the response as early as possible, and definitely before the deadline passes. Otherwise, the application is at risk of immediate denial.

If the RFE asks for certain documents that you do not have at your disposal, it is important that you speak to an immigration attorney who may be able to help you request those documents, or who knows what a suitable substitute for those documents may be. For example, sometimes an individual may not a have an original copy of their birth certificate, a document commonly requested by USCIS. It is important to include secondary documentation that would prove you were born when and where you said you were. These could include records from a religious institution, such as a baptismal record, or the sworn testimony of someone who can attest to the circumstances

When our office prepares an immigration case, the case that we submit includes all the evidence that we are able to gather. Our National Interest Waiver and EB-1A cases, for instance, are often thousands of pages long. We never hold back any relevant documentation. Our goal is to persuade USCIS not to issue an RFE and to approve the case.

Many people think that they can respond to only part of the RFE and then wait for USCIS to request more. Unfortunately, USCIS will only very rarely give you another chance. The first RFE you receive is typically your only opportunity to give them the clarification they require. So it is essential that you answer all the questions as concisely as possible and provide all the evidence requested of you at the same time. Failure to do so could result in a denial.

Instead of a Request for Evidence, USCIS may issue what is called a Notice of Intent to Deny (“NOID”). A NOID and an RFE may appear similar. But a NOID is far more serious.

A NOID is generally only issued for certain types of cases as mandated by law. These include VAWA, as well as certain legalization applications and adjustment of status cases involving certain types of physicians. But a NOID may also be issued where “derogatory information,” such as a past fraud, certain criminal history or other issue exists that may cause the application to be denied but may have been unknown to the applicant. In this case, the NOID is basically a “last call” for the applicant to offer an explanation, rebuttal, or additional information that might change the Services’ preliminary assessment.

If you receive a Notice of Intent to Deny (NOID), it means that USCIS believe that your case had enough initial evidence, but that you are nevertheless ineligible for the immigration benefit for which you have applied.

Also,the NOID response is usually due in 30 days, so the timeframe is much shorter than most Requests for Evidence.

While a NOID is not a denial, you will eventually receive a Notice of Action denying your application if you do not respond with convincing evidence to show that you should be approved.