Responses to Requests for More Evidence

Responses to Requests for More Evidence

Requests for Evidence Lawyers

At the Goldstein Immigration Lawyers, our immigration lawyers regularly consult with clients who need assistance responding to all types of Requests for Evidence or RFEs. We provide detail-oriented and aggressive advocacy to ensure that clients receive the best results possible.

An RFE is a common hurdle faced by immigrants who have an application pending with USCIS. If you receive a Request for Evidence, it means that the government will not process your application until additional documentation is submitted. Typically, you’ll get an RFE because you have failed to prove that you’re eligible for the immigration benefit applied for. With a well-organized, timely and thorough response, denial can be avoided. Speak to a request for evidence lawyer for more information.

"Why Me?"

RFEs are commonly issued where there is a defect in the initial submission. Sometimes a document is missing; in other cases, you may have failed to prove to USCIS that you meet the legal requirements for approval. Some Requests for Evidence are straightforward because USCIS will tell you precisely which document it wants. For example, it might ask you to include a copy of your passport or your I-94 that was not included in the original submission.

A well-prepared case is the best strategy to avoid a Request for Evidence. RFEs are usually requested where there was a mistake, missing document or failure to clearly show the legal basis for approval.

You should be aware that USCIS can deny applications without first issuing a Request for Evidence. Think of the request as a second chance, permitting you to have your application reviewed in spite of any errors that were contained in the initial submission.

Common Reasons an RFE Might Be Issued Include

  • Missing document
  • Unpersuasive evidence
  • Inadequately addressing a legal issue
  • Failure to include Form G-325A with the application
  • Insufficient Income Shown on the Affidavit of Support
  • Failure to Include Up-To-Date Taxes with the Affidavit of Support

How to Respond to an RFE: Tips for Success

Our immigration attorneys are seasoned experts and will offer you a step-by-step approach to responding to any requests for additional evidence. The attorneys at the Goldstein Immigration Lawyers are immigration law experts that know the best strategy for addressing Requests for Evidence.

1)    Be Thorough

It is important to always submit ALL of the evidence requested by USCIS. If a response to an RFE does not include all of the evidence requested, the application will likely be denied. In order to submit a thorough response, read the notice very carefully. If there is something USCIS is requesting that you do not understand, it is important to speak with an immigration attorney.

The types of documents an individual must submit to USCIS vary based on the type of application originally submitted. It is crucial, regardless of the type of RFE that was issued, for the applicant’s response to include every piece of evidence that was requested.

2)    Time is of the Essence

All Requests for Evidence require documents to be submitted before the deadline or the application may be denied. The deadline is usually 87 days from the time the application is filed, though it can also be as little as 30 days or as long as twelve weeks. If the evidence the government requests is not received on time, the application may be denied.

3)    Organization is Key

The notice from USCIS (often on colored paper) should always be placed on top of your response. You should always keep a copy for your records. It’s advisable to clearly index the documents with a cover letter explaining how you are eligible for the immigration benefit you applied for.

4)     Take a Second Look

Even when the Request for Evidence seems straightforward, an attorney should take the time to review the application materials and supporting documents to see whether there is any additional documentation that can be submitted to strengthen the case.

5)    Make Sure You Have the Right Filing Address

USCIS has offices all over the country, but Requests for Evidence are only accepted at a few locations. Before filing your response for the Request for Evidence, make sure that you send your response to the right location.

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.

You Only Get One Shot

Immigration law is a highly complex field to navigate. Working with a skilled immigration lawyer from the beginning will help you avoid a RFE. It is extremely important to file the response on time and with all of the evidence USCIS requested. Once the response is submitted, USCIS will make a determination based only on what they received.


Are you in the USA and have received a Request for Evidence? Or are you just curious about the application process and what the best immigration option for you and your family is? With their extensive experience in complex immigration cases, request for evidence lawyers at Goldstein Immigration Lawyers can help advise you on how best to respond to a Request for Evidence as well as other immigration issues. Please answer a few questions here and see if you qualify for a free case evaluation.