Request for Evidence (RFE)
Do you have a US Citizenship interview coming up? Are you nervous?
A Request For Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS) is a request for additional information or documents required for your case before USCIS makes a final decision. The cases of receiving RFE are mostly due to the lack of important information or documents in the application.
Receiving an RFE is your opportunity to fill in the missing documents required by USCIS. If you do the RFE correctly and fully as required by USCIS, your application will be approved. If your response is not accurate, the Immigration Department can make a decision to refuse the application.
Table of Contents
What Is a Request for Evidence (RFE)?
When you submit your application for any US immigrant or a nonimmigrant visa, you might receive by mail a Request for Evidence (RFE) sent to you by the US Citizenship and Immigration Services (USCIS) federal agency.
This is a form that you will need to complete in order for your US visa application to be revised, as it might be lacking some evidence of eligibility for your immigrant visa request.
The RFE is intended for getting further support with evidence about the information indicated on your application that is either lacking or needs further proof before the final decision is carried out.
In the RFE, you will have detailed information of what is missing on your US visa application and to where you need to submit it.
Do not ignore or delay the submission of your RFE back to the USCIS, as it may negatively affect the decision of issuing the visa you applied for.
Does RFE mean approval?
RFE does not mean that your US visa has been approved or denied. It means that more information is needed in order to make a decision.
Different Types of RFEs
If you apply for a US visa, it does not automatically mean you might be asked for an RFE.
One of the most common US visas that may qualify you to get an RFE is the H-1B employment-based visa.
Below, are listed a few additional US visa types that might require you to complete an RFE:
- Immediate Relative or Family Sponsored Visa
- Diversity Immigrant Visa
- Employment Sponsored Visa
How to Avoid an RFE ?
It’s best to avoid getting an RFE altogether.
Following these steps might help you in the process of applying for your US visa without getting an RFE:
- Make sure to eliminate any inconsistencies or gaps in the information you provide when filing an application. If any discrepancies exist, be sure to explain these at the time of submission.
- Always include certified translations for evidence that was not printed in English.
- Aim to use evidence that has more relevancy and value when available.
- Structure your application package in a coherent and organized way that allows USCIS personnel to quickly locate and identify evidence without difficulty.
- Always take the time to review documentation before submitting it, eliminating any possible errors or typos.
- Keep careful records of all evidence you provide, as well as copies of submitted applications, so that you can easily access this information if needed in the future.
- In addition to verifying accuracy and completeness, double check the formatting of your application package to ensure it meets USCIS requirements.
- Constantly strive for clarity and conciseness when providing detailed descriptions of facts or events related to your immigration matter on forms, petitions, affidavits or other documents submitted with your application package.
How Long Does It Take to Get a Decision after the RFE?
The answer to the question of how long it takes to get a decision after submitting a Request for Evidence (RFE) depends on different factors.
Some of these include the type of application, the complexity of the US visa or status requested, and the volume of pending applications that are awaiting decisions from USCIS (United States Citizenship and Immigration Services).
Generally speaking, processing times for RFEs can range from two weeks to several months.
It’s important to note that response times may vary depending on how thorough and timely applicants submit their responses.
Additionally, applicants should be aware that RFEs may remain in processing with USCIS for extended periods.
In some cases, the process could take up to six months or longer before a final decision is reached by USCIS.
To ensure you receive an expedited decision, all documents submitted in response to an RFE must be complete, accurate and current.
Ultimately, when it comes to deciding when you will get your decision after sending an RFE, there is no one-size-fits-all timeline, as every case is unique and responds differently within the system.
As a result, it is wise for any applicant who has received an RFE to research thoroughly and understand their individual case’s unique timeline as best they can in order to avoid delays.
What Does an RFE Look Like?
It is an official document that is sent by mail and originates from the USCIS.
The major parts of the RFE are:
1) Statement of Intent – Applicants must explain why they are applying for a particular US visa or status and how they meet the requirements set forth by the US Citizenship and Immigration Services (USCIS). This statement should include facts and details that demonstrate the applicant’s intent, as well as any evidence supporting their eligibility.
2) Documentation – Documentation should be provided to back up statements made in the Statement of Intent. These documents may include birth certificates, marriage contracts, criminal background checks, education transcripts and work history records. All documentation submitted should be recent and relevant to the application being processed.
3) References – Character references from trustworthy sources are required when applying for certain US visas or citizenship statuses. Depending on the nature of the application, these references can come from family members, employers, colleagues or clergy members who can attest to the applicant’s good character and moral standing in society.
4) Evidence of Financial Ability – To prove applicability for certain visas or statuses, applicants must provide evidence that they have both enough income and assets to support themselves financially during their stay in the United States. This evidence could come in various forms such as bank statements, tax returns or employment contracts showing proof of adequate income sources over time.
5) English Language Proficiency Test Scores – For some types of applications, applicants must demonstrate proficiency in English by providing test scores from either an approved language school or other testing institution that specialize in evaluating foreign language knowledge levels on a standardized scale.
What to Do If You Receive a Request for Evidence
If you receive a request for evidence from the government, it is important that you take this seriously and comply with their requirements.
The first thing to do is to figure out exactly what type of evidence they are asking for.
This could be documents, records, or other forms of proof.
Once you have determined what type of evidence they are requesting, you should try to compile it as soon as possible.
Gather any relevant paperwork or information that may directly relate to the request such as bank statements, tax returns, employment contracts and other legal documents.
If the request is for information related to a certain period of time, make sure that all records pertaining to that timeframe are included in your submission.
RFEs and Recent Trends
The US visa application process is becoming increasingly stringent, requiring more information than ever before from applicants.
In the last few years, the frequency of issuance of RFEs has increased significantly and this trend is continuing in 2021 as well.
In 2020, there were reports that USCIS was issuing RFEs at unprecedented rates, up to four times higher than previous years in some cases.
In some categories, like family-based immigration, denial rates are also increasing compared to previous years as the US immigration authority’s levels continue to filter out fraudsters and other potential security risks from obtaining visas.
US visa application standards are becoming increasingly stricter as time passes by given current geopolitical conditions around the world today.
What Are the Risks of RFEs?
The risks associated with RFEs can vary, but typically include processing delays, higher expenses due to additional paperwork and legal costs, potential denials if evidence is not satisfactory, as well as increased levels of scrutiny from USCIS officials.
It is, therefore, important that all documents submitted in response to an RFE meet requirements precisely in order to avoid any unnecessary complications or delays.
Practice Pointers to Steer Clear of RFEs
Here are some pointers to help reduce the chances of getting an RFE:
1) Provide sufficient evidence: All evidence provided should be clear and presented in its entirety.
2) Double-check accuracy: Inaccurate or incomplete information can lead to an RFE.
3) Follow instructions carefully: USCIS has specific instructions on how each form should be filled out and which documents need to be submitted with the application package.
4) Submit a complete form: Filing a complete application will speed up processing times significantly as USCIS does not have to request additional information from you if everything is there initially.
5) Make copies of everything: One way of protecting yourself from potential RFEs is by making several copies of your documents before submission so that if anything needs further clarification, you can quickly provide them without having to resubmit your entire application once again.
Conclusion
Receiving an RFE might put you under a lot of stress.
However, postponing or not dealing with the RFE might result in the denial of your US visa application.
So, it is absolutely crucial that you follow the exact instructions on your RFE, provide all the information requested from you, and submit it on time.
In many instances, RFEs can be complicated to deal with, and if you are not sure you can do it on your own, you might want to consider getting professional help and guidance.
FAQ's
What are the chances of approval after the RFE?
The chances of approval after a Request for Evidence (RFE) will heavily depend on the type of case and the strength of the evidence provided. Generally, most individuals will receive approval if they can sufficiently answer all questions posed by USCIS within their RFE. It is important to note that the response must provide evidence that meets all legal requirements in order for a favorable decision to be reached.
What are the reasons for the RFE?
- One of the most common reasons for RFEs is that certain documents have not been filed with USCIS, such as proof of eligibility, identity documents, and supporting evidence.
- In some cases, the RFE may be issued if there are inconsistencies between the submitted materials and the information provided in the required forms.
- Additionally, incomplete submissions could lead to receiving the RFE; applicants must ensure all documents related to their case are properly filled out and include all relevant information or else they could receive the RFE.
- Furthermore, evidence that is outdated or insufficient could also result in the RFE being issued by USCIS, as they require up-to-date documentation with enough detail that clearly demonstrates eligibility.
- Finally, foreign language documents must also be accompanied by a certified translation into English when submitted with a petition or application; failure to do so can also result in receiving the RFE from USCIS.
Is RFE a good thing?
There is no definitive answer to this question, as receiving the RFE means that your application lacks some evidence and supporting documentation to the information you have listed on your application. However, it also means that you are being asked to make a stronger case for your application’s approval. It does not mean that your application will be denied. It means that it will be revised, once you complete the RFE.
What is the next step after RFE?
In general, you should expect the process to take a few weeks, although this timeline can vary depending on the complexity of the application and other details. For example, if your application was incomplete or if further information is required from you in order for it to be considered, then it may take longer for the decision to be made. It is important that you provide any requested documentation or information promptly so as not to delay the process further. Additionally, depending on the type of US visa you are applying for, there may be processing times associated with it that could add additional waiting time before a decision can be made.
Is the RFE sent to a lawyer?
If you have not applied for the US visa yourself, but via an immigration lawyer, then the RFE will be sent to the lawyer.
What is the most common RFE?
The most common types of RFEs involve requests for documents such as birth, marriage, divorce and criminal records; proof of financial resources; medical examinations; police certificates; and other forms of evidence that support the applicant’s assertions.
Can I check RFE details online?
Yes, you can check the details of your request for evidence (RFE) online. The US Citizenship and Immigration Services (USCIS) offers a case status lookup on its website, which allows applicants to track the status of their RFEs and other petitions or applications.
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