Why An RFE Is Not An Immigration Deal Breaker
When the United States Citizenship and Immigration Services (USCIS) reviews a visa petition or application, it may require additional information in order to make a decision. When this happens, USCIS may issue what is called a Request For Evidence (RFE):
What Is An RFE?
If you receive an RFE, you should not panic. An RFE is not to be confused with a Notice of Intent to Deny (NOID), which is a formal statement from USCIS informing an applicant that he or she may be ineligible for immigrant benefits. There are a number of important differences between an RFE and a NOID, including:
- Whereas USCIS seeks additional information with an RFE, the agency generally has the necessary information when issuing a NOID
- USCIS needs information before it can reach a decision in the case of an RFE, but the agency has made a preliminary decision when it issues a NOID
- A petitioner has between 30 days and 12 weeks to respond to an RFE, but only 30 days in which to respond to a NOID
Why People Receive RFEs
An experienced immigration counseling lawyer can review your application and help you properly respond to an RFE. Some of the most frequent reasons that USCIS issues an RFE concern the following types of missing or inconsistent information:
- Birth certificate or marriage documentation
- Form I-693 (Report of Medical Examination and Vaccination Record)
- Previous stays in the United States
- Proof of an employer's ability to pay
- Questions about eligibility
- Supporting documentation for claims involving skilled workers or extraordinary or exceptional ability
- Translation issues
- Work experience information
How to Respond to an RFE
After a person has received an RFE, he or she will generally have three options when it comes to how to respond:
- Respond in Full — The applicant submits all of the requested evidence in the same response before the deadline. Responding in full give the petitioner the best chance of getting his or her application approved by USCIS.
- Partial Response — When an applicant is unable to obtain all of the requested evidence before the deadline, he or she may submit some of the requested evidence. USCIS may make a decision based on the information that is provided.
- Withdraw Application — In certain cases, a petitioner may opt to simply withdraw his or her application if he or she is unable to gather the requested documents or simply disagrees with the information being requested. If an applicant withdraws his or her petition, then he or she obviously does not receive his or her visa.
Keep in mind that USCIS can deny an application without issuing an RFE, so petitioners should feel fortunate if given the opportunity to address any issues impacting a decision in regards to their visas. You should contact a knowledgeable immigration counseling attorney for help in getting you petition approved by USCIS.
If you want to know more or have other questions, contact a company like Kriezelman Burton & Associates.
Share
