A Request for Evidence (“RFE”) is a detailed written request that is sent from the United States Citizenship and Immigration Services (“USCIS”) to a visa applicant. Specifically, a RFE falls under the scope of United States immigration laws. Immigration laws are the set of laws and regulations that outline how a person from abroad may qualify for a visa, as well as what circumstances that person can be deported.
It is important to note that there are many different kinds of temporary and permanent visas. As such, when a person submits a visa application, they may wish to speak with an attorney if they encounter any issues throughout their application process. For instance, when responding to a USCIS request for evidence, the applicant may wish to consult an attorney to ensure that the RFE is completed correctly.
In a typical RFE, USCIS will commonly ask a visa applicant to provide additional documents in order to support or establish their eligibility to receive a visa. As such, responding properly to a request for evidence is crucial for the success of any visa applicant. This is because any failure to properly respond to the RFE or providing USCIS with incorrect documentation, will result in delays in the applicant obtaining a visa.
Further, failure to properly respond to a RFE may even result in a complete rejection of an individual’s visa application.
What Types of Information May Be Requested in a RFE?
RFEs may require a visa applicant to submit a variety of different information that is necessary for USCIS to make a decision regarding the visa application. As such, new additional documents are often requested by USCIS. In some cases, the applicant may even be asked to submit additional support for documents that have already been submitted in their original application.
For example, RFE may ask for more information concerning an individual’s medical conditions. Finally, an applicant may be asked to fill in any gaps regarding documents that they should have provided in their original application but were missing.
The following is a list of types of information that may be requested in a RFE:
- Any records regarding the applicant’s current and prior stays or visits in the United States;
- Any documents related to the applicant’s current or prior work experience;
- Any documents in support of an employer’s ability to pay the applicant;
- Any academic documents, such as the applicant’s transcripts or student evaluations;
- Any other documents that tend to support an applicant’s claims of “outstanding research” or “exceptional ability,” such as a professional sports contract, etc.
How Long Does an Applicant Have to Respond to a Request for Evidence?
It is important to note that the length of time that an applicant will have to respond to a Request for Evidence will vary according to the specific facts and circumstances of the visa application. In general, when a visa applicant is sent a RFE, the USCIS may have assigned them a flexible time period in which they must submit a proper response to the request.
However, the RFE itself will specify the exact documentation or information that the officer is requesting, the ways in which an applicant can respond, and the date by which the documentation or information must be provided to USCIS. Typically, the deadline for responding to a RFE is between 30 and 90 days, but the maximum response time is 12 weeks. If there are any questions concerning the deadline to respond to a RFE, it is important to contact the officer requesting the documents or information.
How Should I Respond to a Request for Evidence?
When responding to a request for evidence, an applicant may encounter certain issues and have questions about which documents are being requested. The following is a list of general guidelines to follow when compiling proper responses to a request for evidence:
- Read the RFE: It is important to thoroughly read the RFE in order to understand exactly what is being requested. It’s especially important to take note of any dates or deadlines noted in the RFE;
- Identify Potential Issues: In many cases, a request for information can be fulfilled by several different documents, such as employment information being contained on pay stubs and tax returns. As such, it is important to identify potential issues with the RFE, such as lack of specificity in the request; and
- Organize the Response: An applicant may be handling several different documents and forms in their response.
- As such, it is important to organize and compile the response to the RFE in a way that the requestors are able to easily identify that the documents and information have been provided.
- Typically, a RFE will have a list of information, and the person responding should organize their response in an order that follows the order of the original request.
Finally, once an individual receives a RFE, it is important to get an early start. You don’t want to be caught hurrying to locate information or documentation as the response deadline approaches. Rushing this process will often result in a failure to properly answer the RFE.
Can I Appeal an Application Denied as a Result of Failure to Respond to a RFE?
It is important to note that an applicant may be able to appeal a negative application decision made by USCIS regarding a failure to properly respond to a RFE. An applicant’s application or request may have been denied by the U.S. Citizenship and Immigration Services (“USCIS”). If so, they will be advised as to whether or not they have the opportunity to appeal that decision. Importantly, only the person who applied or submitted the request may appeal the decision by USCIS.
For instance, an employer might submit a request for an employee work visa, and that request is denied. If that is the case, the employer can appeal that decision. However, the employee for whom the work visa was requested cannot appeal the decision.
As far as the method for appealing a failure to properly or timely respond to a RFE, USCIS will provide instructions for submitting an appeal. Typically, these instructions will be attached to the negative application decision itself.
After receiving the notice of denial, individuals may pay a fee and file their appeal at the office that made the original decision. In that appeal, individuals will be able to submit an explanation of why they are appealing the original decision, such as delays in obtaining the requested information or documentation.
An individual may also submit a legal motion to reopen or a motion to reconsider with the office that denied their immigration request within 30 days of the date of the decision. When such a motion is submitted, the individual appealing can ask to be present at the review to make an oral argument. In these cases having, representation is often advised.
Do I Need a Lawyer for Help With a Request for Evidence?
In most cases, many immigration issues can be addressed through the assistance of an immigration agency or by obtaining information from government websites. However, if you have a serious or pressing immigration issue that is delaying your visa application, such as a RFE from USCIS, you should seek immediate assistance from an experienced immigration lawyer.
An experienced immigration attorney will be able to help you understand your legal rights and options regarding RFE and USCIS decisions. Further, an attorney will also be able to help you draft a proper response to the RFE and thoroughly answer the request. Finally, an attorney can also help you appeal any negative decisions that resulted from a failure to properly respond to a RFE. They can also represent you at any hearings involved in the appeals process.
