When an individual submits an application or petition to the U.S. Citizenship and Immigration Services (USCIS), there may be instances where the USCIS issues a Request for Evidence (RFE). An RFE is a notice sent by USCIS requesting additional documentation or information to support the application. Responding to an RFE is a crucial step in the immigration process.
Requirements for Response to Request for Evidence
- Timely Response: It is essential to submit a response to the RFE within the timeframe specified in the notice. Failure to respond within the given deadline may result in a denial of the application.
- Compliance with RFE Instructions: Carefully review the RFE notice to understand the specific documentation or information requested. Ensure that the response addresses all the points raised in the RFE and follows the instructions provided.
- Supporting Documentation: The response should include all requested supporting documents, such as copies of passports, birth certificates, marriage certificates, financial records, employment letters, or any other relevant evidence specific to the RFE. It is crucial to provide clear and legible copies of the documents.
- Detailed Explanations: The response should include detailed explanations addressing the concerns or questions raised in the RFE. Provide a thorough and clear response that directly answers each point and provides additional information or clarification where necessary.
Key Aspects of Response to Request for Evidence
- Cover Letter: Start the response with a cover letter that identifies the case, references the RFE notice, and provides a brief summary of the requested information/documentation. The cover letter should serve as an organized guide to the response package.
- Organization and Labeling: Arrange the response package in a well-organized manner, using tabs or dividers to separate the different sections or documents. Clearly label each document to correspond with the RFE request.
- Legal Arguments: In certain cases, it may be necessary to include legal arguments supporting the eligibility or qualification for the benefit sought. These arguments should be concise, supported by applicable statutes, regulations, or case law, and presented in a persuasive manner.
- Translation and Certification: If any of the documents or evidence submitted are in a language other than English, provide certified translations along with the original documents. Ensure that the translator includes a certification statement attesting to the accuracy of the translation.
- Proof of Delivery: It is advisable to use a mailing method that provides proof of delivery, such as certified mail with return receipt requested or a courier service. This allows you to track the delivery and ensures that the response is received by USCIS within the specified deadline.
- Retain Copies: Keep copies of the entire response package, including the cover letter, supporting documents, and evidence of delivery. These copies serve as a record of the response submitted and can be used for reference or future inquiries.
- Follow-Up and Tracking: After submitting the response, it is crucial to monitor the case status using the USCIS online tracking system. This helps ensure that the response has been received and is being processed.
Responding to a Request for Evidence requires careful attention to detail and a thorough understanding of the specific requirements outlined in the RFE notice. Rest assured, our experienced immigration attorneys are well-versed in navigating these complexities, and we stand ready to advocate for your rights throughout the process.