What is a Request for Evidence?

A Request for Evidence or Request for Additional Evidence (RFE) is a request from the U.S. Citizenship and Immigration Services (USCIS) to ask for more information and/or documents before adjudicating a case. For example, if someone submits an I-130, Petition for Alien Relative, but forgets to provide a copy of the marriage license and/or certificate, the government can request a copy of the license and/or certificate.

The most common RFEs will state the following:

• Submit a complete Form I-693, Report of Medical Examination and Vaccination Record.
• Please submit additional evidence to show you and your former spouse entered the marriage in good faith and shared a life together until your legal separation or the termination of your marriage.
• To establish eligibility for removal of conditions on residence please submit additional evidence to show you and your spouse entered the marriage in good faith and continue to share a life together.
• You requested a waiver of the joint filing requirement based on a claim of battery or extreme cruelty by your petitioning spouse. However, you did not submit any initial evidence of battery or extreme cruelty with your petition. Please submit evidence to show that you or your children have been the subject of battery or extreme cruelty.
• Provide any evidence you believe will demonstrate that your spouse subjected you to extreme cruelty. Such evidence may include but is not limited to: 1. Police reports; 2. Psychological evaluations and counseling reports; 3. Medical reports; and 4. Affidavits from yourself and/or third parties which corroborate your claims.
• Provide a complete and correctly calculated household size for the petitioning sponsor on Form I-864.

On July 13, 2018, USCIS released a Policy Memorandum (PM) that gives USCIS adjudicators the discretion (option) to deny an application, petition, or request without first issuing a RFE or Notice of Intent to Deny (NOID) if the initial evidence is not submitted or if the evidence I the record does not establish eligibility.

The PM is very problematic. For example, prior to the PM, applications, petitions, or requests that required more evidence would be issued an RFE or simply be rejected. Now, USCIS can deny applications, petitions, or requests. Upon denial, USCIS may contact and refer the cases to Immigration and Customs and Enforcement (ICE) for deportation/removal proceedings.

Individuals that are out of status, inside the U.S. without authorization, or filing an application late, may find themselves in deportation/removal proceedings.

For more information on Request for Evidence (RFE), a consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today.

The Law Office of David Nguyen, PC has successfully handled hundreds of immigration petitions and/or applications – and can assist you with your immigration needs.

Common Questions We Can Help You With

• What is a Request for Evidence (RFE)?
• Why did USCIS issue me an RFE?
• How is an RFE different from a Notice of Intent to Deny (NOID)?
• What happens after I receive an RFE?
• How much time do I have to respond to an RFE?
• What documents should I submit in response to an RFE?
• Can an RFE be withdrawn or canceled?
• Does receiving an RFE mean my case will be denied?
• How do I respond to an RFE effectively?
• Can an attorney help me respond to an RFE?
• What are common reasons USCIS issues an RFE?
• What happens if I don’t respond to an RFE?
• How do I check the status of my case after responding to an RFE?
• Can I request more time to respond to an RFE?
• What are common mistakes when responding to an RFE?
• Does an RFE affect future immigration applications?
• How long does USCIS take to review an RFE response?
• What is the difference between an RFE and a denial?
• Can I appeal a denial after an RFE response?
• How do I prepare a strong response to an RFE?