Understanding Requests for Evidence (RFE)

A Request for Evidence (RFE) is a notice sent to an applicant when the filing packet that is submitted does not contain enough evidence for an immigration officer to make a decision regarding the eligibility of an applicant to receive the benefit they are applying for. The RFE is not a denial of your application, but it is important to gather the necessary evidence to respond to the RFE as soon as possible to avoid further delays to an application. While each type of immigration form has their own evidence needs, there are some common reasons why an applicant may receive an RFE, such as:

• There was something incorrect with the filing fee (not submitted, incorrect amount, not made out to the correct department, etc.)
• Required initial evidence is missing from the application.
• Missing medical documents or vaccination records.
• The initial evidence is not sufficient enough to prove the applicant should receive the benefits being applied for

Each RFE will have the reason or reasons why an immigration officer is requesting more evidence. There will also be a time frame in which an applicant can respond to the RFE, with the final date all evidence can be submitted by being included in the RFE. Generally, the maximum amount of time an applicant will receive to respond is about twelve weeks, but some forms may only get up to 30 days. All forms provide an additional three days to allow for mailing in a response from within the United States. No matter how much time an applicant has, it is better to submit a response sooner rather than later to avoid the risk of missing the response deadline.

As of March 23rd, 2023, USCIS ended their COVID-related flexibilities, which included among other policies, allowing requests for extensions on response times for an RFE. Any RFE that was dated before the 03/23/2023 deadline can still receive an extension, but any new RFE’s dated after the deadline must have a response submitted by the response date listed on the notice.

Discuss Requests for Evidence With Our Knowledgeable Legal Team

The best way to avoid receiving a Request for Evidence is to have your case handled by an experienced immigration attorney. If you have received an RFE for your case or are looking to start an immigration case, then you should reach out to an immigration law firm as soon as possible. The immigration attorneys at Godoy Law Office in Oak Brook, Illinois can help you with your immigration case. If you need help with an immigration issue, or you are ready to get started on your immigration journey, please reach out to our office online or call us.