After submitting your green card application, you might expect to be done with everything on your end. However, within the next three months, you may receive a request for evidence (RFE) from the United States Citizenship and Immigration Services (USCIS).
Most green card applicants get a request for evidence. While an RFE does not necessarily mean your application will be denied, you must take it seriously. This will be your last opportunity to submit new evidence while your petition to immigration is pending.
Reasons why you might get an RFE
RFE can be requested by the USCIS officer for several reasons. Some of them are listed below:
- Lack of evidence to establish position qualification for Specialty Occupation as per the provisions
- Failure to establish an employer-employee relationship
- Non-establishment of specific and non-speculative qualifying assignments to satisfy the clause of availability of work (off-site)
- Petitioner did not establish that the beneficiary is qualified to perform services in a specialty occupation
- Failure to establish maintenance of current status
- Non-establishment of specific and non-speculative qualifying assignments to satisfy the clause of availability of work (on-site).
- Lack of evidence to corroborate that proper certification from Labour Condition Application has been received and its correspondence to preferred job position.
- Failure to establish eligibility for AC21 benefits or otherwise eligibility for H-1B extension after hitting the six-year limit.
- Petitioner did not meet the itinerary requirement of providing evidence of services to be performed in multiple locations.
- The petitioner failed to make the appropriate fee payments while applying.
Where to find what is needed by USCIS on the RFE?
The USCIS specifies what kind of information they are looking for. The documentation you would need to submit would be provided in the section titled “Evidence Lacking.”
This section specifies the list of documents required by the USCIS officials to make a decision on your application. They may provide you with alternatives for the documents they need. Eligibility requirements will also be listed under this section.
You are also advised to check the documents they received through your initial submission. If it does not corroborate with what you have sent and misses some documentation then you must resend it to complete your documentation.
Understanding a Request for Evidence
A request for evidence is essentially what it sounds like. It is a request for additional documentation. An RFE is mailed from USCIS to petitioners for citizenship, permanent residency, family visas, and work visas. Petitioners may be issued an RFE after submitting important forms, including:
- Form I-129
- Form I-140
- Form I-130
You can also receive an RFE after your interview if your spouse is sponsoring you for permanent resident status, also known as a marriage green card. An RFE is often seen as a source of anxiety, but it does not mean that your application is at greater risk for rejection. It simply means that your case needs more supporting documentation.
Contents of an RFE
In essence, the RFE can be broken down into four main categories, each covering a major section:
- The Law/ statute/ regulation in place: The RFE begins with quoting the Immigration laws of the United States and refers to sections of the Immigration and Nationality Act (INA), which has to do with the evidence required to be submitted by you through the RFE. You may challenge such a request but, more importantly, must submit what has been required by your RFE.
- Evidence Submitted: All the evidence submitted by the applicant is listed under this section. Double-checking this section is advised to confirm that it includes the list of all documents submitted during the initial application. In case they missed inclusion of any, such document must be resubmitted with the RFE response.
- Evidence Lacking: Under this title, the USCIS lists the missing evidence required by them to determine your application. They will provide details of the eligibility requirements not met and provide alternative documents to be used if the desired document is not available.
- Response Deadline: The RFE will mention the deadline by which the applicant is expected to submit the RFE. It will also elaborate upon the consequences of failure to abide by the same. The most common consequence is that the USCIS will review the application with the missing evidence and deny your application.
The contents of the RFE are substantive, and its function is to identify and provide the following information:
- It will identify the unmet eligibility criteria and provide a reason as to why such evidence was insufficient.
- It will identify missing evidence of applicable statute or regulation or information not corroborating with the evidence provided.
- It will provide examples of what kind of evidence they are looking for to establish eligibility.
What to Do if You Get an RFE?
If you receive a written request for evidence, you will need to respond by sending a document packet to the United States Citizenship and Immigration Services.
Read Through it Mindfully
Read your RFE carefully to ensure you understand what is being asked of you. If you are asked to submit anything you have already submitted, that could mean something got lost or USCIS hasn’t reviewed that item yet.
Collect Every Requested Document
Gather all documents listed in your RFE. If you cannot do so, write a detailed explanation for any missing items. Everything on your list is deemed necessary for USCIS to make its decision. You can have an immigration lawyer review your RFE response to ensure nothing is missing.
Mail Your Documents Early
It’s extremely important that you mail your documents before the deadline stated in your RFE. It doesn’t matter when you put your packet into the mail. It must be delivered to USCIS before the deadline. You may want to consider priority mail express for expedited service.
Processing timeline after RFE Response
There are, in total 3, types of situations when one is required to submit evidence they are;
- During the application to Extend/Change Non-immigrant Status under Form I-539: The standard response time is 30 days, with an additional 3 days for mailing time of candidates residing inside the United States.
- During application for Provisional Unlawful Presence Waiver under Form I-601A: This has the same timeline as under Form I-539.
- For all other kinds of forms, the standard response time is 84 days, with an additional 3 days for mailing candidates residing inside the United States and 14 days for mailing candidates residing outside the United States.
Is Getting a Request for Evidence Bad?
It’s normal to feel stressed after getting a request for evidence. However, getting an RFE is not necessarily a bad sign. An RFE simply means that your petition is missing information or USCIS needs further information before making a decision.
Think of it as an extra chance to strengthen your case. Provide as much requested information as possible. If you are asked for multiple documents, send everything together in one packet. Be sure to submit your documents well before the deadline.
How Important is a Request for Evidence?
If you are applying for permanent resident status or citizenship, a request for evidence is very important. Ignoring an RFE will be detrimental to your case. If you cannot prove the legitimacy of your marriage, your petition can be denied.
What Are the Chances of Approval After an RFE?
Your chances of getting your petition approved are not affected by receiving a request for evidence. An RFE does not mean your case is more likely to be rejected. The USCIS officer reviewing your petition determined that your case needs more information or clarification to resolve inconsistencies.
If you ignore an RFE or miss the submission deadline, your case will be reviewed without the requested documents that would support your petition. If that happens, you will have an increased likelihood of rejection.
Impact of RFE on the Application
The impact of RFE on your application is the additional bureaucratic processing time. The USCIS lets you have 30-84 days, excluding additional response time to submit the RFE response. After this, it takes an additional tenure of at least 60 days to review and arrive at a final decision. The application lapses by a tenure of around 3-6 months.
To minimize delay, one should respond to the RFE as soon as possible after thoroughly reviewing the evidence received and the ‘evidence lacking’ section.
What Does an RFE Rejection Mean?
If you submitted your additional documents as requested and received a rejection, that means your petition has been denied. You will lose all of your progress and have to start the process again with a new petition.
If you petitioned for a work visa, you will not be able to legally work in the U.S. until you apply again and receive approval. Seeking a marriage green card is a lengthy and costly process. Having to start over could set you back for years.
Can a Request for Evidence Be Prevented?
To avoid the delays and complications caused by receiving a Request for Evidence (RFE), it’s important to ensure your application is complete and precise. Keep these points in mind before submitting:
- Be specific about the information you provide in your application.
- Include certified translations for documents originally in local languages.
- Ensure consistency across all details and forms.
- Attach all relevant supporting documents.
- Include any additional required documents to avoid further complications.
You can team up with legal professionals or immigration experts to ensure the process goes smoothly. You can enlist the services of an attorney or an immigration filing specialist to review your petition before you submit it to USCIS.
Receiving a request for evidence can be worrying, but try not to panic. Getting an RFE is preferable to a petition rejection. The issues in your petition can be resolved if you submit a completed document packet promptly.
