USCIS Requests for Evidence (RFE): Top 3 Pitfalls in a RFE Response

Receiving an RFE can be stressful, but it is essential to respond promptly and thoroughly. In this blog post, we will discuss three common pitfalls to avoid when responding to a USCIS RFE.

Ignoring the RFE or Responding Late

One of the most impactful mistakes you can make when faced with a USCIS RFE is ignoring it, or responding past the deadline. The USCIS typically provides a specific deadline before which you must respond to the RFE. Failing to respond before this deadline will result in your application being denied. To avoid this pitfall, follow these steps:

• Read the RFE carefully: The first thing you should do upon receiving an RFE is to thoroughly read and understand its content. It will outline the USCIS's specific concerns and what documentation or information is required.
• Organize your response: After understanding the USCIS's requests, create a checklist of the documents and information you need to gather. Make sure everything is organized and well-documented.
• Timely submission: Ensure that your response is sent to the USCIS within the specified timeframe. It's advisable to send it well in advance to account for any potential delays.

Providing Incomplete or Inaccurate Information

Responding to a USCIS RFE requires precision and attention to detail. Providing incomplete or inaccurate information can lead to further delays or even a denial of your application. Here's how to avoid this pitfall:

• Carefully review the RFE: Ensure that you understand precisely what the USCIS is requesting. Double-check the list of documents and information needed.
• Seek legal advice if necessary: If you are unsure about any aspect of the RFE, consult an immigration attorney for guidance. They can help you understand the USCIS's requirements and provide you with professional advice on how to proceed.
• Thoroughly document your response: When compiling your response, make sure to include all requested documents and provide accurate information.

Failing to Provide Evidence that Establishes Eligibility

Every immigration application is an application for a specific immigration benefit. It is the applicant’s responsibility to establish eligibility for the benefit they are seeking. Failing to provide documents or evidence that establish eligibility can be a major pitfall. Here's what you should do:

• Consult with an immigration attorney: Legal expertise can be invaluable when responding to an RFE. An immigration attorney can help you craft a persuasive response that addresses USCIS’ eligibility requirements.
• Explain and provide context: When submitting your response, include a detailed cover letter that explains how the submitted documents address the USCIS's concerns. Provide context and arguments that support your eligibility for the immigration benefit you are seeking.

Receiving a RFE from USCIS can be a stressful experience, but it is important to view it as an opportunity to strengthen your application. Think of your RFE response as the missing pieces in a puzzle, that will help USCIS see the whole picture and make a decision on your application.

By understanding what the RFE is seeking, carefully gathering the required documents and information, and submitting a well-organized and comprehensive RFE response, you can turn a potential denial into an approval.

Find out how to avoid a RFE.