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How to Handle a Request for Evidence (RFE) From USCIS
USINFO | 2013-10-23 14:49
You can submit all of the requested evidence at the same time.
You can “partially respond” by providing some of the evidence that was requested, which will alert USCIS that you would like a decision to be made based on the information it has at that time.
You can withdraw your application.
USCIS regulations require that you submit all the requested materials at the same time, so do not send evidence to USCIS in separate mailings. If you send back the RFE and later remember that you failed to include other documents – even if you send these documents prior to the deadline – USCIS will likely not consider this evidence when deciding your case.
However, you should “partially respond” if you are unable to locate certain documents and the deadline for your reply is looming. For example, some employment-based visas require a showing of an immigrant’s educational and professional qualifications. USCIS may issue an RFE asking for a number of documents that may not be available, and it is better to submit some evidence than none at all.
What Evidence You Should Return With Your RFE
Some RFEs will simply tell you which document that USCIS is missing. For example, it might ask you to provide a copy of the pages of your passport or your spouse’s birth certificate. Even if an RFE seems relatively straightforward, you should take this opportunity to review your application materials and supporting documents to see whether there is anything else you can send to USCIS to bolster your case. Consider this to be a chance to address any weaknesses in your application by sending along evidence that could be weighed in an immigration officer’s “second review” of your case.
In other instances, an RFE might cite complex provisions of U.S. immigration law and ask you to provide information to prove that you are eligible for an immigration benefit. It is essential that you understand exactly what you are being asked to prove before responding to a RFE. If you are unsure which types of evidence you should submit to USCIS, consult an immigration attorney who can help you review the RFE and assemble the necessary documentation.
How to Assemble Your RFE Response
Make a duplicate copy of the RFE notice and save it for your records, because the original blue RFE should be the first page of your response packet. USCIS will scan this sheet and forward it for further processing, so if you do not include it (or if it is not on top), you can expect further delays.
Next, you should write a cover letter that outlines the contents of your submission. The cover letter should be organized very similarly to the RFE, so that you can show the USCIS officer handling your case that you provided all of the requested information. Make copies all of the information that you send and save it for your records. It's best to send the RFE response via priority mail with delivery confirmation so that you have proof that you complied with the deadline.
