Key Takeaways:
- Common RFE reasons include insufficient proof of relationship, lack of financial evidence, and incomplete forms.
- Address RFEs by submitting detailed documents, clarifying discrepancies, and ensuring forms are accurately filled.
- Recommendations include writing a cover letter, timely submission, and considering professional legal assistance for complex cases.
10 Most Common RFE Reasons and How to Address Them
Receiving a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS) can be stressful, but understanding the common RFE reasons and how to address them can significantly help. Below, we’ll explore the most frequent RFEs and provide actionable steps on how to handle each effectively.
What Is an RFE?
An RFE is a formal request from USCIS asking for additional information or documentation before they can proceed with your immigration application. While receiving an RFE may feel daunting, it’s an opportunity to strengthen your case and provide the needed evidence.
Common RFE Reasons and Solutions
1. Insufficient Proof of Relationship
What Is It?
This typically affects family-based immigration applications where USCIS needs more evidence to prove the genuineness of your relationship with the sponsor.
How to Address
- Marriage-Based Petitions: Submit additional documents such as wedding photos, joint bank accounts, joint property lease, and affidavits from family and friends attesting to your relationship.
- Parent/Child Petitions: Provide birth certificates, school records, and photos demonstrating your relationship over time.
Including affidavits from both parties and third parties who can corroborate the relationship can be valuable.
2. Lack of Financial Evidence
What Is It?
USCIS needs to verify the financial solvency and stability of the sponsor to ensure that the immigrant won’t become a public charge.
How to Address
- Submit Tax Returns: Provide the last three years of tax returns, W-2 forms, and recent pay stubs.
- Letter of Employment: Include a letter from the sponsor’s employer detailing position, salary, and length of employment.
- Bank Statements: Recent bank statements showing assets and savings can also strengthen your case.
3. Missing Initial Evidence
What Is It?
Certain forms require specific documents to be submitted at the initial filing. An RFE may be issued if any of these documents are missing.
How to Address
- Review Form Instructions: Go back to the instructions for the form you submitted. Ensure you provide all required documents listed.
- Submit Missing Documents: If USCIS requests something specific like a birth certificate, ensure it is an officially translated copy if it’s in a foreign language.
4. Proof of Legal Status
What Is It?
This RFE usually pertains to those changing status or applying for extensions and requires proof of your legal entry and status in the U.S.
How to Address
- Copies of I-94 and Visa: Submit copies of your I-94 arrival/departure record and visa stamps showing legal entry.
- Status Documentation: If you have been in the U.S. on various statuses, supply documentation for each period, including forms I-20, DS-2019, and relevant approvals.
5. Employment Verification Issues
What Is It?
Employers filing for work-based visas may receive an RFE if there are questions regarding the job offer, employer’s ability to pay, or the employee’s qualifications.
How to Address
- Employment Offer Letter: Provide a detailed job offer letter that includes job title, responsibilities, and salary.
- Employer Financials: Include the employer’s tax returns, audited financial statements, and payroll records.
- Employee Credentials: Attach diplomas, transcripts, and professional licenses to verify the employee’s qualifications.
6. Incomplete Forms
What Is It?
Incomplete or improperly filled forms can trigger an RFE. This could be missing signatures, dates, or incomplete sections.
How to Address
- Double-Check Forms: Carefully go through the submitted forms to find any missing information.
- Correct and Resubmit: Complete all vacant sections, sign and date where necessary, and resubmit the updated form.
7. Passport Photos Not Meeting Requirements
What Is It?
USCIS may request new passport photos if the ones provided do not meet their specifications.
How to Address
- Follow USCIS Guidelines: Ensure your photos meet the detailed photo requirements provided by USCIS. This includes size, background color, and photo quality.
- Submit New Photos: Re-submit the new photos following the exact specifications.
8. Educational or Experience Transcripts
What Is It?
For employment-based petitions, proving your educational credentials or work experience can be crucial.
How to Address
- Evaluate Foreign Credentials: If your degrees or certificates are from a foreign university, get them evaluated by a recognized evaluation service.
- Provide Translations: Ensure all documents are translated into English by a certified translator.
9. Inconsistent Information
What Is It?
USCIS may find inconsistencies in the information provided in your application compared to earlier visa applications or records.
How to Address
- Clarify Discrepancies: Write a detailed cover letter explaining any discrepancies or changes in your information.
- Submit Supporting Evidence: Provide additional documentation to substantiate the updated information.
10. Lack of Basic Eligibility Evidence
What Is It?
This pertains to not providing core documents necessary for proving your eligibility, such as IDs, birth certificates, or proof of nationality.
How to Address
- Checklist Review: Review a checklist of required documents for your particular immigration benefit and ensure each item is provided.
- Submit Proof: Provide clear, certified copies of IDs, birth certificates, or other official documents required.
RFE Response Strategy
When responding to an RFE, follow these critical steps to maximize your chances of a favorable outcome:
1. Understand the RFE
Carefully read through the RFE notice to understand exactly what additional information or evidence USCIS needs. Misinterpreting the request can lead to unnecessary delays.
2. Gather Evidence
Collect all necessary documentation supporting the claims or information requested by USCIS. Consider adding more supporting evidence than initially required to cover all bases.
3. Compile and Review
Organize all documents logically and review them to ensure they directly address the issues listed in the RFE. Using tabs or separators for different categories can help USCIS easily navigate through your submission.
4. Write a Cover Letter
Draft a concise yet comprehensive cover letter outlining how the attached documents address each point raised in the RFE. Highlight any major pieces of evidence and explain their significance.
5. Timely Submission
Submit your response before the deadline indicated in the RFE notice. Late submissions are generally not accepted and can result in the denial of your application.
Monitoring Your Case Status
After submitting your response, regularly monitor the status of your case. You can track it online using the USCIS case tracker here.
Seeking Professional Assistance
If you find addressing an RFE overwhelming or complex, consider seeking assistance from an immigration attorney. Professional guidance can help ensure all elements of your response are thoroughly addressed.
Conclusion
Receiving an RFE may initially cause concern, but it represents an opportunity to provide additional evidence supporting your immigration case. By understanding common RFE reasons and how to address them, you can better prepare and submit a convincing response.
As per VisaVerge.com, staying well-prepared and informed can substantially ease the process. Remember, thoroughness and accuracy are your best allies in navigating RFE requirements successfully.
For more official information and forms, visit the USCIS Official Website.
Final Tips
- Stay Organized: Keep all your immigration documents well-organized from the start to avoid last-minute scrambles.
- Be Thorough: Always provide more evidence than you think you need.
- Keep Copies: Retain copies of everything you submit to USCIS for your records.
By following these guidelines, you can improve your chances of successfully addressing RFEs and moving forward with your immigration journey.
Learn Today:
Glossary of Immigration Terms
1. Request for Evidence (RFE):
A formal request issued by the U.S. Citizenship and Immigration Services (USCIS) asking for additional information or documentation to support an immigration application before making a decision.
2. Public Charge:
A term used in immigration law to refer to someone who is likely to become primarily dependent on the government for subsistence, indicated by the use of public benefits such as cash assistance or long-term institutional care at government expense.
3. Form I-94:
Also known as the Arrival/Departure Record, this form is used by U.S. Customs and Border Protection (CBP) to record when a non-citizen enters and leaves the United States.
4. Affidavit:
A written statement confirmed by oath or affirmation, used as evidence in immigration applications to support claims such as relationships or financial support.
5. Evaluation Service:
An organization that assesses and converts foreign educational credentials to U.S. equivalencies, often required for validating foreign diplomas and transcripts in employment-based immigration petitions.
This Article In A Nutshell:
Receiving a Request for Evidence (RFE) from USCIS can be challenging. Common reasons include insufficient proof of relationships, financial evidence, or missing documents. Address RFEs by carefully reading the notice, gathering detailed documentation, and submitting thorough responses on time. Professional legal assistance can also be beneficial.
— By VisaVerge.com
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