Immigration Application Basics: What is a Request For Evidence and How Should I Respond?

Whether you’ve hired an attorney to file your request for immigration benefits or you’ve decided to take on the task yourself, no amount of planning and preparation can prevent a Request for Evidence (“RFE”). Even for the most diligent person among us, despite careful planning, checking over all the paperwork, and making sure everything looks right, the immigration officer reviewing your application may still send an RFE.

A Request for Evidence is a document issued by the United States Citizenship and Immigration Services (“USCIS”) in response to your submitted application for immigration benefits. Essentially, the immigration officer has made a determination that upon reviewing your paperwork, there is either missing evidence from your application packet, or the evidence you’ve already submitted is insufficient. Do not be alarmed by an RFE, as it does not necessarily mean that your application will be reviewed unfavorably.

In many cases, the RFE will request a missing document that was accidentally left out of the original application and once provided, the immigration officer is able to complete their review and make a final determination. On the other hand, there are also RFEs that request a considerable amount of additional evidence. In either circumstance, the best way to approach an RFE is by reviewing the document completely and gaining a full picture of what the immigration officer is requesting.

Of course, reviewing the RFE with an experienced immigration attorney will help protect you from missing important details and also help you understand the complexity of the request and how best to respond. If you choose to respond on your own, it is crucial that you pay careful attention to the evidence they are requesting. For example, if the officer is seeking your marriage certificate, it is best to provide exactly what they are asking for. Depending on the nature of the request, in some situations it is best to provide more evidence than what is requested. For example, if there is a blanket request for “pictures of the wedding,” don’t just send 10 pictures. Feel free to select a reasonable amount of photos that would convey to the officer that it was a legitimate ceremony, i.e., include photos of the couple with family members, photos of the ceremony itself, as well as reception photos.

Whether the RFE is one or five pages, be sure to treat it almost like a checklist. Have the RFE on one side and the evidences on the other side and check each request against the evidence you’ve assembled. Once you’ve compiled the RFE packet, you’re ready to send it out to the address on the form and await the officers decision on your application. If you’re unsure whether you’ve fully satisfied the RFE requirements, it’s best that you consult with an immigration attorney to avoid the possibility of having your application denied for failure to respond properly to the RFE.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.