"What is an RFE and Did I Just Ruin My Case?"
You filed your green card or naturalization application with U.S. Citizenship and Immigration Services (USCIS). You put hours of work into assembling the right documents and double-checking your forms. Several months passed and you finally receive mail for USCIS only to find the words “Request for Evidence” written in bold across the top.
It is natural to feel overwhelmed after receiving a “Request for Evidence,” or RFE. The first thing to understand is that an RFE is not a denial. It is an opportunity. An RFE means your case is not yet ready for approval. Most often, USCIS needs missing documents, updated records, evidence to connect your circumstances to a specific legal standard, or a better explanation of your eligibility.
With timely, careful preparation and thoughtful legal strategy, you can give USCIS the information it needs to approve your case.
Reread your RFE
The first step to responding to an RFE is to carefully reread the full request. Think of the RFE as a roadmap, laying out what is deficient and what kind of evidence USCIS would like to see. An RFE may have multiple sections, each section describing what is lacking.
Note the Deadline
The RFE will list the date by which USCIS needs your response. Note this. USCIS follows strict deadlines. If you miss your response deadline – even by one day – USCIS will likely deny your case, finding that you have abandoned your application or petition.
Common Reasons for RFEs in Naturalization and Family-Based Green Card Cases
RFEs are often issued for similar reasons. Some common bases for an RFE in the naturalization and family-based green card context are below:
Missing civil documents, such as birth certificates or divorce decrees
Untranslated documents
Insufficient proof that a marriage is “bona fide” (entered into to share a life together, not for immigration purposes)
Missing proof of lawful admission or parole into the U.S.
Prior criminal history
Insufficient financial sponsorship
Missing certified court records
Incomplete tax records
Prior immigration violations
Common Mistakes When Responding to an RFE
What ruins a case is not the RFE, but a poorly prepared response. Responses that are late, incomplete, or do not address USCIS’s primary areas of concern will lead to denial.
Ignoring a Portion of the Request: One common pitfall is not addressing each one of USCIS’s areas of concern. Do not guess what USCIS needs or assume that more documents are necessarily better. Instead, you should send the appropriate evidence that addresses the primary issue or issues. For example, in the marriage-based green card context, if USCIS asks for more proof that your marriage is “bona fide,” USCIS does not want 200 photos. Instead, they would much rather see carefully selected tax records, wills, shared leases, joint bank accounts, etc. USCIS tells you what kind of evidence it wants to see, so read your RFE thoroughly and select your evidence with care.
Untranslated Documents: All documents in a language other than English must be translated into English. The translation must be complete and accurate and include a certification, by the translator, that he or she is competent to translate the foreign language into English.
Unorganized Documents: Avoid sending a stack of documents without any organization or explanation. Carefully organize your documents and explain how they fit together to tell a cohesive and persuasive story.
Sending Partial Mailings: USCIS has a “One Response Rule,” meaning you must submit all evidence in one single, comprehensive packet. Do not try to submit your response piecemeal, as later submissions will likely be ignored.
Responding Too Late: Again, USCIS follows strict deadlines. If you respond too late, USCIS may deny your case without even reading your response.
When You Should Consult an Attorney
Some RFEs are relatively simple. Others require a deep understanding of legal standards and a comprehensive analysis of your unique circumstances. In these instances, it is wise to consult trusted, competent legal counsel for assistance.
The RFE Points Out Inconsistencies: If the RFE lays out contradictions between your forms and your evidence – or contradictions between your current filing and previous filings – an attorney can help you provide a logical and persuasive explanation to address the inconsistency. Without resolving the inconsistency, USCIS may deny your case, alleging that you have lied or misrepresented facts to receive an immigration benefit.
USCIS Questions How You Meet a Legal Standard: Some RFEs question how the facts of your case meet a particular legal standard, such as “public charge,” “good moral character,” or “bona fide” marriage. In these instances, USCIS is not necessarily asking for more documents, but for a legal analysis of how you qualify for the immigration benefit. You may need to send more documents, but you also should seek an attorney to lay out and defend your eligibility. In cases dealing with complex criminal history or prior immigration violations, such as unlawful presence or removal proceedings, you may need to file a waiver. A skilled attorney can assess your situation and determine what is required.
You Cannot Provide A Requested Document: You may not be able to provide a specific document that USCIS is requesting. In this case, you should explain why and provide alternative, secondary evidence, such as a baptismal record in place of a birth certificate. An experienced attorney can help determine if the secondary evidence meets USCIS’s guidelines.
RFE vs. NOID
A Notice of Intent to Deny, or NOID, is different from an RFE. A NOID means that USCIS intends to deny your case and is giving you one last chance to address their concerns. If you have received a NOID, the situation is critical and you should consult a trusted attorney for comprehensive assistance.
Conclusion
Here at Baibak Law we have years of experience successfully responding to RFEs. We first begin by carefully reviewing the RFE and what you have already submitted. We determine what is missing and whether the RFE raises deeper concerns that require legal briefing. We guide you gather the right evidence and organize the final submission in a way that tells a persuasive story. If USCIS has issued an RFE in your case, we are here to help. Please call us at (513) 203-5429 or schedule a consultation online.
Disclaimer: The information provided above, and on our website, is intended for general information purposes only and should not be construed as legal advice. This blog post shall not create an attorney-client relationship with the readers of its content.