If you've received a Request for Evidence (RFE) from USCIS, it’s crucial to handle it correctly to avoid delays or potential denial of your case. An RFE can be overwhelming, but with the right approach, you can provide the necessary documentation to satisfy the request. Here’s a step-by-step guide on how to respond effectively.

STEP 1. Make Note of the Due Date

The deadline for submitting your response to USCIS is critical. Unlike other areas of law, the RFE due date isn't when you need to mail your response; it's the date your response must be in the hands of a USCIS officer. This date will be noted at the top of your RFE notice, often in bold letters.

Track the due date carefully and plan your submission timeline accordingly. Your packet needs to be stamped and received by USCIS on or before the due date, not just postmarked.

STEP 2. Identify Specifically What’s Being Requested

RFEs almost always contain a lot of boilerplate language, meaning information that is general and often legal in nature that may or may not actually apply in your case. This makes it difficult to identify the specific documents or information USCIS needs. 

Carefully read through the entire RFE and identify exactly what is being requested. Often the information specific to your case - and the information requested in the RFE - will be buried in the second and/or third page.

If you're unsure about what USCIS is asking for, this is the perfect time to consult with an immigration attorney. Providing incorrect or incomplete information can lead to case denial, and we can help ensure that you respond accurately and thoroughly.

STEP 3. Keep Good Records of Your Response

When you submit your RFE response, it’s essential to keep a complete record. Make a copy of every document you send and ensure they are scanned clearly if you're submitting paper forms. Also, use mail tracking services to confirm delivery and keep the delivery confirmation for your records.

Remember that USPS only keeps records of tracking and delivery for six months, so make sure to save a print out of the delivery confirmation in case you later have to prove that you submitted your response on time.

3 Tips for a Successful RFE Response:

• Respond Early! Ensure your response is sent well in advance of USCIS deadline.
• Respond Accurately! Double-check that you’ve included everything the RFE specifically requests.
• Keep a Copy! Make sure you maintain clear records of your response - USCIS is not perfect and sometimes loses documents and information. It is critical to maintain good records!

If the request is confusing, consult an attorney! An experienced immigration lawyer can help make sure your response is as strong and effective as possible.

[Watch our full video on how to handle RFEs for more detailed guidance.]

By following these steps and staying organized, you can avoid unnecessary delays or the risk of case denial.

Need Help Responding to Your RFE?

Schedule a consultation with JLW Immigration Law Group today, and let our experienced team assist you in crafting a comprehensive and timely response to your USCIS RFE.