Common Reasons USCIS Issues Requests for Evidence (RFEs) and How Applicants Can Respond
It can be quite concerning to get a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS). Most people tend to assume that getting an RFE means the application will be denied. Thankfully, that does not always happen. It is possible that USCIS just needs more information about the matter in question.
In this article, we’ll discuss some important facts that people need to know about RFEs.
What is a request for evidence?
A Request for Evidence is a letter sent by USCIS to an immigrant who is requesting further information about a filed immigration petition or application.
USCIS reviews thousands of applications each year, and when the evidence is insufficient or missing, the agency may issue an RFE before deciding to reject the case.
An RFE may be issued during the processing of many other types of cases, not just family-sponsored cases. Some of these include employment-based visa petitions, adjustment of status applications, and naturalization applications.
Common reasons USCIS issues RFEs
- Lack of supporting documents – One of the most frequent causes of RFEs is the omission of required documents, meaning the applicant forgot to attach their tax records, birth certificate, marriage certificate, employment documents, financial records, or other important supporting information. Sometimes, even one mistake could lead to receiving an RFE asking for more information.
- Insufficient evidence of financial status – To prove their ability to financially sponsor their relatives in the U.S., immigrants should provide tax returns, pay stubs, letters from employers, or Affidavits of Support. USCIS might ask for more financial documents if these ones are insufficient.
- Establishing a family relationship – When filing a petition for one’s relative, it might be necessary to provide more details on your relationship and family connections. In cases where applicants enter into marriages only for the purpose of immigration, the USCIS might ask for more evidence about the authenticity of their relationship. For example, such evidence might consist of a joint bank account, lease agreement, photographs, and other kinds of evidence that show that the applicants live together.
- Inconsistency of provided data – There might be discrepancies between all the evidence provided by the applicant. If these discrepancies are related to dates, addresses, employment information, personal data, or anything else, the USCIS might request more information to clarify the issue.
- Ineligibility of applicants – Some immigrants may have problems meeting the eligibility criteria to get a certain immigration benefit. This problem might make the USCIS ask for additional evidence.
How should you respond?
It’s important to keep in mind that the RFE contains a deadline. The applicant will not be able to submit the documents and information after the deadline passes. This would mean automatic rejection of the application.
It is also essential to carefully analyze the request notice and determine all the items that must be provided to the agency. It is better to give all the necessary information rather than a part of it.
Talk to a Miami, FL, Immigration Lawyer Today
The Law Office of Wilfredo O. Allen, Esq. represents the interests of immigrants seeking to live and work in the United States. Call our Miami immigration lawyers today to schedule an appointment, and we can begin preparing your application today.