Request for Evidence (RFE) Lawyers – Win Your Immigration Case
Request for Evidence (RFE) Lawyers – Win Your Immigration Case
- Expert legal responses to USCIS Requests for Evidence
- Protect your case with a strong, timely reply
- Flat-fee pricing with no hidden costs
- Nationwide immigration law experience
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What is a Request for Evidence?
USCIS Adjudication
You may receive a Request for Further Evidence (RFE) from USCIS at the adjudication stage if you are preparing a US visa application and have previously filed your petition. An RFE, as the title suggests, is a request for additional documentation. It indicates that the USCIS officer examining your application requires additional information before deciding.
An RFE does not guarantee that your application will be denied, nor does it make it more likely to be rejected than if you had not received the RFE.
What an RFE Should Include
USCIS officers must follow specific guidelines when issuing an RFE. Understanding these requirements helps you craft a stronger response.
Identify Eligibility Issues
Identify the eligibility requirement(s) that have not been established and why the evidence submitted is insufficient.
Specify Missing Evidence
Identify any missing evidence specifically required by the applicable statute, regulation, or form instructions.
Provide Examples
Identify examples of other evidence that may be submitted to establish eligibility; and
Request That Evidence
Request that evidence.
An officer should not request evidence outside the adjudication scope or otherwise irrelevant to an identified deficiency. The RFE should ask for all the evidence the officer anticipates needing to determine eligibility and should clearly state the deadline for response.
Avoiding Multiple RFEs
In some cases, the material submitted in response to an RFE may highlight eligibility issues that the officer missed during the first case review or lead to new lines of investigation. The officer may issue a follow-up RFE or NOID in this circumstance.
Officers should, however, include all of the material they expect to require to assess eligibility into a single RFE. Multiple RFEs are unnecessary since the officer carefully considers all of the apparent flaws in the evidence.
New Issues Discovered
A response may reveal eligibility gaps the officer missed initially, triggering a follow-up RFE or Notice of Intent to Deny (NOID).
All-in-One Review
Officers are expected to consolidate all anticipated requests into one RFE to avoid unnecessary back-and-forth delays.
Strong First Response
A thorough, well-prepared RFE response minimizes the chance of additional requests and accelerates final adjudication.
Deadline for RFE Response
Missing the RFE deadline can result in denial. Here's what you need to know about response timelines.
Maximum Response Time
84 Days
12 weeks — no extensions permitted
Standard Deadline
An RFE has a maximum response period of 12 weeks (84 days); officials are not permitted to allow additional time to respond to an RFE. However, the laws allow USCIS to give benefit requestors a variety of time frames to respond to an RFE. Officers should adhere to conventional timetables to guarantee consistency. However, they may shorten response times on a case-by-case basis with supervisory approval. Only when circumstances merit it, as judged by the officer and supervisor, may this discretion be exercised.
Mailed RFE Grace Period
When an RFE is served by mail, the response is considered timely if it is received no more than three days after the deadline, giving a total of 87 days for a reply to be made if USCIS allows the maximum term of 84 days allowed by the regulations.
Outside the U.S.
Benefit requestors residing outside the United States or when USCIS mails an RFE from a foreign USCIS field office will receive extended mailing time (14 days) as a matter of policy.
When relevant, the RFE should mention the response deadline, including the extra days for postal RFEs.
Step-by-Step RFE Response Process
Read the RFE Notice Carefully
Review Your Original Application
Gather Supporting Documents
Organize Your Evidence
Respond Before the Deadline
Appeal If Denied
- Understand the Decision: Review the denial letter to understand the grounds for denial.
- Determine the Appellate Body: Identify whether to file with the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA).
- File Notice of Appeal: Use the correct form (e.g., Form EOIR-29 for BIA) within the required timeframe.
- Submit New Evidence: The AAO can accept new evidence on appeal. Await a written decision from the tribunal.
Inquire If Case Is Outside Normal Processing Times
- Check Case Status Online: Use the USCIS Case Status Online tool to track your case.
- Submit an e-Request: If your case is outside the processing times listed on the USCIS website, you can file an e-Request for an inquiry.
How to Choose an RFE Response Lawyer?
When choosing an immigration lawyer to respond to an RFE, consider these key factors to ensure the best outcome for your case.
Verify Experience
Check the lawyer's track record with RFE responses across various visa categories including H-1B, L-1, EB, and family-based petitions.
Case Strategy
Discuss how they'll handle your specific situation, including timelines, potential complications, and their approach to gathering evidence.
Client Testimonials
Read reviews from clients they've helped successfully navigate the RFE response process.
Transparent Fee Structure
Clarify all costs upfront, including attorney fees, filing fees, and any additional expenses throughout the process.
Why Choose Raju Law?
Integration of Legal Expertise and Client Commitment
Raju Law stands out by combining exceptional legal knowledge with a strong focus on client success.
Comprehensive Advocacy
Our attorneys go beyond merely filing petitions; they act as advocates, strategists, and guides throughout the immigration process.
Client-Centered Approach
We prioritize your goals, ensuring every step aligns with your objectives.
Expert Navigation of Legal Complexities
Our team approaches each case with unwavering diligence to simplify and address the intricacies of immigration law.