Preventing a Request for Evidence (RFE): A TRW Law Firm Guide to Success in U.S. Immigration Cases
In the intricate and often high-stakes world of U.S. immigration, few phrases cause as much anxiety as “Request for Evidence” (RFE). Issued by U.S. Citizenship and Immigration Services (USCIS), an RFE signifies that an application or petition lacks sufficient documentation or clarification for adjudication. At TRW Law Firm, our expert immigration attorneys have successfully assisted thousands of clients in navigating and avoiding RFEs. In this comprehensive guide, we break down how to avoid RFEs, how to respond if one is issued, and how to protect the integrity of your immigration journey.
What is a Request for Evidence (RFE)?
A Request for Evidence (RFE) is an official notice sent by USCIS when an application or petition is missing critical documentation or when clarification is required. It is issued as Form I-797E, or a “Notice of Action.”
Key Characteristics:
■ It is not a denial but a pause for further inquiry. ■ The applicant must respond within a designated timeframe. ■ Failure to respond can result in denial.
While receiving an RFE can feel discouraging, it also offers a second chance to bolster your case.
Anatomy of an RFE: What Does It Contain?
A typical RFE includes the following components:
1. The Facts: Case type, service center, and submission details.
2. The Law: Cited legal requirements relevant to the eligibility category.
3. Evidence Submitted: A list of what has already been reviewed.
4. Evidence Lacking: The crux of the RFE, detailing what specific documents or clarifications are needed.
5. Deadline: Usually a specific date or a period (e.g., 87 days) from the RFE issuance date.
How to Prevent an RFE: TRW’s Proven Approach
✅ Meticulous Documentation
The most effective way to avoid an RFE is to submit a complete and well-organized application from the outset.
Common Oversights:
■ Missing Initial Evidence: Always submit required forms, supporting documents, and passport photos. ■ Insufficient Financial Support: ■ Family-based petitions require proof that the sponsor meets 125% of the Federal Poverty Guidelines. ■ Employment-based cases need evidence of the employer’s ability to pay the prevailing wage. ■ Missing Proof of Legal Entry or Status: This includes I-94 records, visas, and travel history. ■ Untranslated Documents: All foreign-language documents must include a certified English translation. ■ Specialized Evidence: Examples include job offer letters, pay stubs, degrees, and training certifications.
✅ Use of Checklists and Templates
TRW Law Firm uses internal checklists and USCIS-specific templates to ensure every document is included and formatted correctly.
✅ Case-Specific Strategy
Different visa categories demand different evidence. Our attorneys tailor applications to fit the precise requirements of each visa class:
■ H-1B: Specialty occupation evidence, LCA documentation, and degree equivalency. ■ EB-2/EB-3: PERM labor certification and employment verification. ■ K-1: Proof of meeting in person, engagement, and intent to marry. ■ Marriage Green Card: Strong bona fide marriage evidence.
Common RFE Triggers and How to Preempt Them
■ Family-Based Visas
Triggers:
- Weak relationship evidence
- Lack of financial documentation
- Medical examination errors
Prevention:
- Provide shared leases, joint bank accounts, photos, affidavits from family/friends
- Include Form I-864 with taxes, pay stubs, and W-2s
- Ensure medical form I-693 is current and sealed
■ Employment-Based Visas
Triggers:
- Job description mismatch
- Educational credential doubts
- Employer-employee relationship ambiguity
Prevention:
- Use expert letters and detailed position descriptions
- Credential evaluations for foreign degrees
- Include employment agreements, timesheets, org charts
Responding to an RFE: Step-by-Step Strategy
If you receive an RFE, TRW recommends the following comprehensive action plan:
1. Read the RFE Thoroughly
Understand what has been requested. Categorize the missing or insufficient evidence.
2. Compare with Original Submission
Check if you had already submitted the requested documents. Sometimes errors occur on USCIS’ end.
3. Assemble a Full Response Package
Your package must include:
- The original RFE notice
- A cover letter outlining all included items
- All requested documents clearly labeled
- Translations, if necessary
- Explanations or affidavits for unavailable items
4. Formatting and Clarity
Structure your submission with a table of contents and clearly labeled tabs.
5. Meet the Deadline
Late submissions are not accepted. Always send via trackable mail (e.g., USPS Priority or FedEx).
Tips for Organizing RFE Responses
TRW uses the following techniques to make RFEs foolproof:
■ Cover letter with bullet points ■ Numbered tabs and dividers ■ Explanatory footnotes or annotations ■ Use of highlighters or colored paper to draw attention ■ High-quality photocopies
Timeline and What Happens After Submission
Once your RFE response is submitted:
■ USCIS review time: 60 days or more ■ Case status updates: Check online using the receipt number ■ Outcomes: Approval, second RFE (rare), or denial
Impact on Processing Time
Delays caused by RFEs:
- Adds 3–5 months on average to case processing
- Can delay interviews, biometrics, and final adjudication
Pro tip: Responding within a few days of receiving an RFE, instead of waiting until the deadline, can fast-track the resumption of your case.
Realistic Statistics
Based on recent USCIS data:
■ H-1B RFE rate in FY 2019: 35.8% ■ EB-1/EB-2/EB-3 RFE rate: Up to 35% ■ Marriage Green Cards (adjustment of status): 22% to 29%
Frequently Asked Questions (FAQs)
1. Does an RFE mean denial is imminent? No, it means USCIS needs more evidence. A well-prepared response usually leads to approval.
2. Can I request an extension? Generally no. USCIS does not offer deadline extensions for RFEs.
3. Can I submit extra documents after my RFE response? No. USCIS usually will not accept supplementary documents sent separately.
4. What if I can’t find a requested document? Provide a letter explaining its unavailability and submit secondary evidence or affidavits.
5. What does “Case Ready to Be Scheduled for Interview” mean? This status means your file is complete and waiting for a slot at your local USCIS office. It’s a good sign.
Final Thoughts: Prevent, Don’t Just React
At TRW Law Firm, we believe in proactive legal strategy. While we are skilled at responding to RFEs with precision, our main goal is to help clients avoid them altogether. A flawless initial filing, guided by experienced attorneys and paralegals, is your best weapon against delays and denials.
Whether you are applying for a green card, work visa, or adjustment of status, our expert immigration team ensures that your application is not only strong but RFE-proof. If you have already received an RFE, we offer timely, evidence-rich responses designed to maximize approval chances.
Contact TRW Law Firm Today
Don’t leave your immigration journey to chance. Partner with TRW Law Firm for full-service immigration support, including:
■ Application preparation and review ■ Legal strategy tailored to your visa type ■ RFE avoidance protocols ■ Direct representation before USCIS
Reach us at:
Phone: +8801708000660, +8801847220062, +8801708080817
Emails: info@trfirm.com | info@trwbd.com | info@tahmidur.com
Offices:
- Dhaka: House 410, Road 29, Mohakhali DOHS
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