How To Send Request For Evidence (RFE): A request for evidence is a request which is issued by United States Citizenship and Immigration Services to petitioner for various kinds of visas. These visas include residency, family visa, employment visa and citizenship visa. The petitions for which an RFE may be issued are Form I-29 for alien worker authorization, From I-140 for immigrant work authorization and form I-130 for family visa.
When USCIS requires more information to proceed further your application, it will issue you RFE. In case you receive a request for evidence you need to respond it within the timeframe usually 30 to 90 days, but not more than 12 weeks. So that immigration official in adjudicating your case will have sufficient evidence to make a decision in your favor.
Have you received RFE from USCIS? Don’t panic! Be sure we are on the same page this article will be helpful to respond for USCIS. Receiving an RFE does not necessarily means that you will be denied by USCIS. It simply means that USCIS requires more information from you to make the decision for your case. So, USCIS has the power to deny your immigration application without issuing the first RFE.
So it’s a blessing from USCIS for the opportunity to correct the information, submit more documents and convince the officials (immigration) to approve your case. But in this case, you need to reply within the given time frame. In case you fail to respond timely, USCIS will determine that you abandoned your application and issue a denial against your application. USCIS can also make a decision on your case without the information that it requested.
Remember whenever you change your address you should inform the same to USCIS. You need to make arrangements with USCIS through email in case you travel frequently. Through this, you never miss any RFE send by USCIS.
Can USCIS give only single chance to respond to an RFE?
The three options are available whenever you are going to respond and RFE in the allocated time by USCIS.
- Submit all the requested evidence at the same time.
- You can remove your application.
- You can submit some of the evidence that was requested, it will alert the USCIS to make the decision for your case.
As per the regulations of USCIS you need to submit all the RFE documents at the same time. So you do not send evidence to USCIS in a separate mailing. After replying an RFE you realize that you have to include more documents, even you send the documents prior to the cutoff date-USCIS will not consider this evidence while deciding your case.
Though, you must partially respond if you are unable to find some documents before the deadline. Say some employment based visas requires immigrant’s educational and professional qualification proof. USCIS may issue RFE asking for various documents that might not be available at that time. In that case, you need to submit some evidence than none at all.
Which Type of Evidence should you return to your RFE?
RFEs is sent by USCIS in that case whenever a document is missing. Say USCIS may ask you to provide a copy of the pages of your passport, birth certificate etc. If an RFE seems simple to understand easily you can ready support documents and can check whether there is anything else you can send to USCIS to strengthen your case. Consider this to be a chance to address any fault in your application by sending the evidence that can help an immigration officer to second chance to review your case.
On the other hand, an RFE may be complex as per the provisions of U.S. immigration law. And you provide the information in order to prove your eligibility for an immigration benefit. Off course you need to understand exactly what you have to respond. In case you are having any doubt in submitting the evidence, you can consult an immigration attorney who can guide you to review your RFE and assemble the necessary information.
How to Accumulate and Send your RFE Response?
Make a duplicate copy of the RFE notice save it to your device for future record purpose. Because the original RFE come to you generally in the blue color paper that should be the first page of your reply packet.
Write a covering letter mentioning the contents of your submission. This letter must be ordered similarly to the RFE it will be easy to produce to USCIS officer to handle your case provided all the requested evidence. Don’t forget to make a copy for all the documents send for your record purpose.
Sending a reply of USCIs to use the envelope provided by USCIS has barcode used in continued processing of your case. In case if your documents do not fit into that envelope you can attach that envelope to the top of your response envelope.
How an RFE is different for NOID?
USCIS issue a Notice of Intent to Deny rather than issuing an RFE. This is the negative determination which requires an immediate action. This situation you need to take the assistance of an experienced immigration attorney who can attempt to salvage your case.
The NOID received from USCIS means that officer reviewed your application and found that you provided sufficient initial documents, but determined that you are yet ineligible for the immigration benefit for which you have applied for.
NOID is not an official denial, but you will eventually receive a Notice of Action denying your application. In case you don’t respond with convincing evidence to show that you should be approved. Simply it is a more exigent RFE.
|The possibility of abjuration||There is a major uncertainty that whether the petition will be approved or rejected||NOID is generally used in denial quite likely.|
|The Requirement of the information||It contains the list of evidence which is needed.||It is a list of reasons for denial.|
|Time to respond||RFE has more time to respond than a NOID||It has very small amount of time to reply.|
Note: In the case of any queries related to submitting an evidence you can call the National Customer Service Centre at 1-800-375-5283.
Once you respond the request for evidence, your interview will be scheduled or line up to be scheduled. The time span for this step depends on the number of cases ahead of yours. The interview notice will specify time slot, location and anything you will need to bring for that.
Test and Interview
It is not necessary that every applicant/application will require an interview. In some cases, an interview is required by regulation and others an interview is requested. Since USCIS has determined that this is the perfect way to determine the eligibility of an applicant. For accustoming application you need to face interview for English and Civic test (unless exempted).
The post decision activity for the applicants whose applications are approved will be sent to National Visa Center/ The Department of State. On the other hand, the denied applicants require to move for processing and appeal, reopen or reconsider the case.
Naturalization applicants receive the certificate for the oath ceremony. The oath ceremony is expected to be scheduled within 45 days from the date of receiving an approval. Many offices schedule the oath ceremony on the day of the interview.
The applicants are eligible to get a card known as “Green Card” or another document (say employment authorization document, travel document, naturalization certificate or advance parole). This card is expected within 30 days of the approval of your application.