How to respond to a Request for Evidence

One of the disappointing letters you could receive from USCIS or NVC is a request for you to provide evidence pertaining to your petition or application. We call this an “RFE” letter. While it may be disheartening at first, be consoled that at least USCIS/NVC did not deny your case outright but want to give you another opportunity to prove you are entitled to the immigration benefit you seek. So how do you respond to an RFE?

First of all, carefully read the RFE. Make sure you understand what exactly USCIS/NVC wants from you. It could be a document like a birth certificate, tax return, or court decree. Check if the RFE asks for a certified, notarized copy, or if it requires original signature. If they ask for documents you already submitted, just provide what is requested instead of arguing with them. That way you save yourself time and stress. If the RFE asks for more complicated evidence such as prior criminal records, you may want to consult an immigration attorney or a criminal defense lawyer to assist you. If you feel inadequate to respond to the RFE, always seek professional help. If you are already working with an attorney, coordinate with him how to produce the evidence needed.

Second, be organized. Assemble your documents in a manner directly responsive to what is being asked. Always make a cover letter outlining and enumerating your evidence. Do not forget to include a copy of the RFE letter placed on top of the cover letter. This ensures that your case will easily be retrieved and identified once USCIS/NVC receives your response.

Third, be on time. The RFE letter always has a certain date when you have to submit. This is usually within 30 to 90 days from the date of the letter but there is always a fixed date that they provide you. Do not submit a day before the deadline. USCIS/NVC considers your response as being timely filed is on the date they receive it, not the mailing date. Mail your response using the most expeditious way possible and be sure to track your mail if it has been received.

Fourth, know where to send your response. The USCIS office where you sent your initial petition/application may not be the same office that reviewed your case. It could have forwarded your case to the National Benefits Center or to another USCIS Service Center. Again, read the RFE letter carefully. It should say where you should send your response to.

Last, make sure you have an extra copy of your RFE response including the receipt from the post office. Keep it on your file. Notify the USCIS/NVC if you move or change address.

Because the processing of your case was temporarily halted by the RFE, expect that your case was moved back to the bottom of the pile. That is why you should respond to the RFE promptly, correctly, and accordingly so that you prevent any denial or delay.