USCIS Requests for Evidence (RFE): What is a RFE?

The United States Citizenship and Immigration Services (USCIS), as part of their function adjudicating applications for immigration benefits, seeks to ensure that applicants meet the necessary requirements to obtain non-immigrant visas, green cards, and other ancillary immigration benefits.

As part of their assessment, USCIS issues Requests for Evidence (RFEs) when they need additional documentation or clarification to make a decision on an application.

In this blog post, we will take a closer look at the USCIS RFE process and its significance.

Why are RFEs issued?

When reviewing immigration applications, USCIS officers are guided by the USCIS Policy Manual. They must make sure that each application meets the documentary requirements listed in the policy manual for that type of application.

In some cases, the initial application filing may lack required evidence or contain insufficient information. For example, a birth certificate or marriage certificate might be missing from the application package.

In other cases, more information might be needed to clarify the evidence that was initially submitted. For example, if an official birth certificate is not available to prove a family relationship, then affidavits from family members with personal knowledge of the relationship may be required to support the case.

Instead of denying the application, USCIS issues an RFE to request additional documentation or information. The primary purpose of an RFE is to give applicants an opportunity to address any shortcomings in their application and provide the necessary documentation to support their eligibility.

What causes an RFE to be issued?

USCIS issues RFEs for a variety of reasons, and the specific requirements vary depending on the type of application. Some common grounds for an RFE include:

a. Insufficient initial documentation: USCIS may require additional evidence to establish eligibility for the immigration benefit being sought, such as educational qualifications, or proof of a bona fide relationship.

b. Incomplete or inconsistent information: If USCIS encounters missing or inconsistent information in the application, they may seek clarification or request additional details. For example, if an applicant’s mother’s name as listed on the application is different from how it is listed on their birth certificate, that discrepancy would require clarification.

c. Inconsistencies or discrepancies: RFEs may be issued if there are inconsistencies between different parts of the application or if the provided information contradicts other available records.

d. Change in law or significant time has elapsed: USCIS may request updated documents or information if there has been a change in immigration law or procedure since the application was initially submitted. USCIS may also request updated documents when a significant amount of time has lapsed since the application was filed - for example, a pending family based adjustment of status application might need updated income tax returns and pay stubs from the petitioner or sponsor before a final decision can be made on the application.

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. But, if you have already received a RFE, find out how to respond!