Understanding Request for Evidence (Immigration): A Comprehensive Guide

Definition & Meaning

A Request for Evidence (RFE) is a formal written request issued by the U.S. Citizenship and Immigration Services (USCIS) to an immigration applicant. It asks for additional documentation to verify eligibility for a visa or immigration benefit. The RFE process is subject to frequent changes in U.S. immigration law, making it a complex area for applicants. Typically, applicants are given a maximum of 12 weeks to respond to the RFE with the required information.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: An applicant for a family-based visa receives an RFE requesting proof of the relationship to the sponsoring family member, such as marriage certificates or birth certificates.

Example 2: A student visa applicant gets an RFE asking for additional financial documentation to demonstrate their ability to support themselves during their studies (hypothetical example).

Comparison with related terms

Term Definition Key Differences
Notice of Intent to Deny (NOID) A notification that USCIS intends to deny a petition. NOID indicates a more serious issue than an RFE, which seeks additional information.
Supplemental Evidence Additional evidence submitted voluntarily by the applicant. Supplemental evidence is not requested by USCIS, while an RFE specifically asks for it.

What to do if this term applies to you

If you receive an RFE, carefully review the request and gather the required documentation. Ensure that your response is complete and submitted within the specified timeframe. If you are unsure how to proceed, consider using legal templates from US Legal Forms to assist in your response. In more complex cases, consulting with a legal professional may be beneficial.

Quick facts

  • Typical response time: Up to 12 weeks.
  • Issued by: USCIS.
  • Common cases: Family-based and employment-based immigration.
  • Potential consequences: Denial of application if not responded to adequately.

Key takeaways

Frequently asked questions

If you do not respond, USCIS may deny your application.