Request for Evidence – Everything You Need to Know

Whenever you have to submit an important application to USCIS for immigration benefits or anything of the sort, you will have to submit some supporting evidence with it. But in some cases, you might miss some of the documents, in which case the USCIS may request extra evidence. A Request for Evidence or REF is issued as a result of the lack of necessary documentation. What exactly does this involve and how can you avoid the issue? Let’s find out!

The USCIS Request for Evidence Process

A Request for Evidence is issued by USCIS when you send an application for an immigration benefit, but you don’t send all the necessary supporting documents. Since the documentation or evidence required is not submitted, the USCIS cannot make a decision on your application for the benefit, and it can delay your process. So, in order to come to a conclusion and make a decision regarding your application, you will get a REF asking for specific extra proof. When you get it, you will notice that the letter is printed on blue paper, with “Form I-797E” written on the top right side of the paper.

Once you check out the paper received, you will find out the particular information you need to send to USCIS to evaluate your petition properly. Furthermore, you will also get a response deadline and information about where you should send the evidence. Meanwhile, your petition or application will be held in suspense. You can also call USCIS at 1-800-375-5283 in advance in case you want to ask some questions about what you should submit.

When you get the RFE, there is a process you will go through. First, you need to make sure you carefully read the Request for Evidence. Don’t rush – take the time to go through it slowly so you understand every single detail. You can ask for help from USCIS or an immigration attorney if you cannot understand which items are needed to complete your application review.

Then, you need to send USCIS one complete response. This means that you shouldn’t send 5 different messages with 5 different documents requested. Instead, one response that satisfies their request is enough. Also, you should make sure that the response is adequate, or else USCIS may end up rejecting your application. Make sure to answer every single question properly and clearly and give a single response.

It’s also essential to keep the response short and make it easy to understand for the people at USCIS. You can also add a table of contents if you have a more complex RFE. The RFE should be added right on top of the response. Make sure to ask an immigration attorney for help in case you need some assistance.

Lastly, you should send the response to USCIS before the deadline. Failing to do so will surely result in your application being denied.

How to Avoid Requests for Evidence

RFEs can be avoided. Sure, an RFE won’t mean that your application is instantly denied, but it will delay it, something that isn’t too pleasant when you’re trying to get an immigration benefit as soon as possible. So, you must make sure you have a properly prepared application, which will allow you to avoid getting an RFE at all.

RFEs will be sent to you whenever extra information is needed by USCIS officers. Here are some things you should consider in order to avoid getting one:

Send All Necessary Information from the Get-Go

Failing to send the right documents is what will usually result in you receiving an RFE. This is why you should send everything from the moment you submit the application. It’s essential to avoid any information omission or inconsistency. Also, you should use evidence that has more probative value, and you should also send evidence with certified translations in case the original is not in English.

If you also happen to deal with a more unusual case, then you need to provide some extra explanations or evidence so USCIS will not have to ask questions. For example, in case you tried applying for a green card for an ex-spouse in the past yet withdrew the application, it’s essential to mention why this happened.

Find a Proper Co-Sponsor

If you apply for a marriage-based green card, for instance, it’s essential to prove that the sponsoring spouse has enough money to support the family in the U.S. RFEs are often sent when there isn’t enough documentation serving as evidence for the income.

In this case, if the spouse doesn’t have enough money, it’s possible to find a sponsor who can support both partners in the U.S.

Show Proof of Legal Entry

When the spouse asking for the green card is in the U.S. already, showing evidence of legal entry into the U.S. becomes necessary. So, you will have to send a copy of your I-94 travel history and/or your stamped passport.

What You Should Do If You Get an RFE

As soon as the Request for Evidence reaches you, you need to make sure you read it carefully and memorize all the details. You get this document only once, so you will only get one chance to respond to the request properly and fully. For this to be possible, you will have to read every single question that the USCIS asks and bring good and complete answers for each one.

Moving on, you should also review the original application package that you sent. Sometimes, the officers may request information that you have submitted already. They are human too, after all, so they are bound to make mistakes. If this happens, you should photocopy the documents in question and include this in the response you send.

Then, you have to prepare the response package, which includes the original RFE notice, the documents requested, a notification of the documents photocopied from the original application, and extra explanations that may be necessary. It’s also essential to explain why you may not be able to provide specific documents that USCIS requests and offer them an alternative.

Next, you will have to send the documents to USCIS before the deadline hits. Photocopy the whole package necessary for USCIS before sending it, even the original RFE notice. Send it to them afterward and ensure there is a way for you to track the package. This way, you will know when it is delivered. This should be kept as delivery proof with the photocopied package.

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• H1B Transfer: How To Change Jobs on an H1B Visa

The Bottom Line

You may end up panicking when you receive a Request for Evidence, but you keep calm and act accordingly. You should read everything as carefully as possible and make sure you gather and submit all the requested evidence. Also, you must provide complete answers to all questions. Responding to an RFE correctly will prevent having your application denied, so make sure you do not rush it. If possible, whenever sending any type of application, ensure you provide as many documents and information as possible, so you avoid the RFE.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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