IMMIGRATION'S REQUEST FOR EVIDENCE (RFE)
Greetings everyone! I hope you all have a nice and safe Thanksgiving. This is a time to reflect on and give thanks to what we have. This week's article covers the often dreaded "RFE", or Immigration's Request for Evidence. Don't panic if you should happen to get one of these from Immigration. We have handle many of these and can help you too.
What is a Request for Evidence?
A Request for Evidence (RFE) is a request issued by the U.S. Citizenship and Immigration Services (USCIS) when they need more information in order to proceed in reviewing an application or petition. Don't overly stress if you should happen to get one of these request. It doesn't neccessarily mean that USCIS is going to deny your application or petition. The immigration officer that is adjudicating your particular case just needs more evidence and proof in order to make a decision either to approve or deny your petition. The most important thing, however, is to respond to this request by the time frame given. The government's RFE is generally issued on blue paper and will give you a time frame in which to respond, usually 30 or 60 days.
What do you do if you receive a Request for Evidence?
As mentioned above, the most important thing is to make sure that you respond to your RFE before the deadline given by USCIS. If you fail to respond, USCIS will either determine that you abandoned your application/petition and issue a denial, or it will make an ultimate decision on your case without the information that it requested (which most likely will result in a denial as well). If you have an attorney, I would strongly recommend that you notify him or her about this RFE, just in case they did not also receive this notice.
Also, this is very important: When you respond, be sure to submit every document or piece of evidence that the RFE requests. If they request A, B, and C, make sure you submit A, B, and C. For example, if your notice requests for you to send: (1) your driver's license, (2) your birth certificate, and (3) your 2013 Federal Income Tax Return, you must do exaclty this. If you submit your driver's license, your birth certificate and your 2014 Federal Income Tax Return, you would not have been in compliance with the RFE. Why? Reread the example in case you missed it. The RFE requested in (3) that you submit 2013, not 2014. This is a simple example, but it stresses the importance of making sure you understand what the RFE is requesting and that you respond exactly to those requests. Contact my office if you need assistance.
Change of Addresses
You do not want to miss an RFE or any other important documents! So if you happen to change your address at any time, you will need to notify immigration of this within 10 days of your move. I recommend you do it even sooner if you can.
Disclaimer: The information contained herein have been prepared for informational purposes only and are not to be considered legal advice unless otherwise specified. If you have a specific question regarding your personal case, please contact the Law Offices of Joseph Chitmongran for a full consultation.