How to Respond to a USCIS Request for Evidence (RFE)—Three Rules That Protect Your Case

Nothing derails an immigration case—or the applicant’s nerves—faster than an unexpected Request for Evidence (RFE). But an RFE is not a denial. It is your final chance to prove eligibility before an officer makes a decision. Follow the three rules below and you can turn that yellow-stripe letter into an approval.

1 – Respect the Deadline—“Received by,” Not “Postmarked by”

What the law says
The date printed in bold on page 1 of every RFE is when your response must be in USCIS’s hands. Mailing it on the due date is too late.

Best practices

• Mail with tracking at least 10–14 days early via USPS Priority Mail or UPS/FedEx.
• Use “return receipt” or signature confirmation.
• Save the tracking page as a PDF—USPS purges data after six months.

Decode exactly what the officer wants

RFEs are crammed with boiler-plate legalese. Hidden inside will be one or two precise requests, such as:

• Form I-693 medical exam (typical for adjustment cases).
  
• Evidence of bona-fide marriage (photos, joint finances).
  
• Extreme-hardship proof for a waiver.
  
• “Favorable discretion” evidence for humanitarian relief.

How to find the essentials

• Highlight verbs—“submit,” “demonstrate,” “prove.”
• Underline nouns—“joint bank statements,” “birth certificate,” “tax transcripts.”
• If instructions remain fuzzy, schedule a legal consult. A single hour with counsel often costs far less than fixing a denial.

Remember: USCIS can deny a case as abandoned if even one requested item is missing.

Keep impeccable records—They’re your safety net

• Scan or photocopy every page you send.
  
• Build a digital folder: RFE_Response_[case#].
  
• Include the cover letter and shipping label in your scan.
  
• Print the carrier’s delivery confirmation the day the status turns to “Delivered.” Store it with your copy set.

If USCIS later claims it never received your materials, these records allow you (or your attorney) to file a Motion to Reopen and attach incontrovertible proof.

Quick RFE Response Checklist

1. ☐ Mark the received-by deadline on your calendar.
   
2. ☐ Create a table listing every document USCIS requests.
   
3. ☐ Gather originals, make clear copies, obtain certified translations.
   
4. ☐ Assemble in the order listed on the RFE; add a tabbed index.
   
5. ☐ Prepare a concise cover letter referencing the RFE date and line items.
   
6. ☐ Ship with tracking + signature at least 10 days before the deadline.
   
7. ☐ Save scans and carrier proof in multiple locations.

Frequently asked questions

How much time do I usually have to answer?
Most RFEs grant 87 days; I-601A waivers and asylum-based requests often give 30 days. Always read page 1 to find the due date or number of days granted for your response.

Can I ask for an extension?
Rarely. USCIS almost never extends RFE deadlines, so plan accordingly.

Is it okay to send a partial response?
No. Officers are instructed to adjudicate based on one package. Anything missing may sink the case.

Do I really need a lawyer?
If the RFE asks for routine items (e.g., I-693) and you’re confident about mailing logistics, you may handle it yourself. For discretionary issues, hardship, or prior immigration violations, legal help is strongly recommended.

You can see all the information in video

A final word about how to respond to a USCIS request for evidence (RFE)

An RFE is stressful, but it is also an opportunity. Meet the deadline, give USCIS exactly what it wants, document everything, and your application can still sail through.

Our immigration law firm in Austin has specialists who, regardless of your situation, can provide the guidance needed to help you legally fight for your right to remain in the United States. Contact us now

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