Request for Evidence (RFE) attorneys

What is a Request for Evidence (RFE)?

A Request for Evidence (RFE) is a formal notice issued by U.S. Citizenship and Immigration Services (USCIS) when they need additional documentation or information to decide on your immigration application. An RFE indicates that USCIS found your application incomplete or that the evidence you submitted wasn't sufficient to establish eligibility for the benefit you're seeking.

Receiving an RFE doesn't mean your application will be denied - it's an opportunity to strengthen your case by providing the specific information USCIS needs. However, failing to respond properly to an RFE will likely result in a denial of your application. RFEs can range from simple requests for a missing document to complex challenges to your eligibility for the immigration benefit.

RFEs can occur with any type of immigration application, including employment-based visas (like H1B, O1, EB1, EB2 NIW), family-based petitions, adjustment of status applications, and naturalization cases. Understanding how to respond effectively can make the difference between approval and denial of your immigration case.

Common reasons for receiving an RFE

USCIS issues RFEs for various reasons across different types of applications. Some of the most common include:

• Missing or incomplete information on forms
• Insufficient or missing supporting documents, such as translations, certificates, or records
• Inadequate evidence to clearly establish eligibility for the requested benefit
• Questions about the qualifying relationship in family-based petitions
• Concerns about financial sponsorship requirements
• Doubts about specialized knowledge or extraordinary ability for employment visas
• Uncertainty about bona fide marriage for marriage-based green cards
• Issues with maintenance of status for those applying for benefits from within the U.S.
• Need for confirmation of uncertain information provided in the application

Understanding why USCIS issued the RFE is crucial to formulating an effective response. Your attorney will analyze the specific reasons behind your RFE and address each concern comprehensively.

Do you need an attorney for an RFE?

While you're not legally required to hire an attorney to respond to an RFE, working with an experienced immigration attorney is highly recommended, especially for complex RFEs. When USCIS issues an RFE, they're essentially telling you that your application is at risk of denial without additional evidence.

An immigration attorney can:

• Analyze exactly what USCIS is asking for and why
• Review your original petition to identify weaknesses
• Develop a comprehensive strategy to address all concerns
• Determine what specific documents and evidence will satisfy USCIS requirements
• Organize and present your response in a clear, persuasive manner
• Prepare a detailed cover letter explaining how the new evidence resolves USCIS concerns

The stakes are high with RFEs - your immigration status and future in the United States may depend on your response. For simple RFEs requesting a specific missing document, you might handle the response yourself. However, for complex RFEs questioning your eligibility or requiring legal arguments, professional assistance significantly increases your chances of approval.

When should you hire an attorney for an RFE?

Ideally, you should consult with an immigration attorney as soon as you receive an RFE. This gives your attorney maximum time to prepare a thorough response before the deadline. You should particularly consider hiring an attorney when:

• The RFE questions fundamental aspects of your eligibility
• The RFE is lengthy or requests multiple types of evidence
• You don't fully understand what USCIS is asking for
• You're unsure how to obtain the requested evidence
• Your case involves complex legal issues or unusual circumstances
• You've received multiple RFEs or previously had applications denied
• The RFE relates to a high-stakes application (like a green card or asylum)

RFE response deadlines are strict—typically, you have 84 days (or 30 days for certain application types) from the date the RFE was issued. Hiring an attorney promptly ensures they have sufficient time to develop a comprehensive response strategy within this timeframe.

Benefits of working with an attorney on your RFE

Responding to an RFE requires careful analysis and strategic thinking. An experienced immigration attorney provides crucial knowledge throughout this process. They have been through this many times before and successfully helped their clients to navigate a set of strict rules and procedures, so they can enable your best chance at success.

Professional analysis of USCIS concerns

RFEs can be complex and sometimes unclear about what USCIS is truly concerned with in your application. Your attorney will analyze both the explicit requests and the implicit concerns that may be driving the RFE. They'll review your original application materials to identify weaknesses and determine the best approach to address USCIS's concerns through supplemental evidence and legal arguments.

Strategic evidence collection and presentation

Merely submitting additional documents isn't enough - the evidence must specifically address USCIS concerns and be presented persuasively. Your attorney will help you identify and obtain the most relevant supporting documents, organize them logically, and prepare a comprehensive cover letter that explains how each piece of evidence satisfies USCIS requirements. This strategic presentation makes it easier for USCIS officers to approve your case.

Comprehensive legal arguments

Some RFEs require legal arguments explaining why you qualify for the requested immigration benefit under relevant laws, regulations, and case precedents. Your attorney will develop these arguments based on their knowledge of immigration law and experience with similar cases. These legal arguments can be particularly important in complex visa categories like EB1, O1, or EB2 NIW, where eligibility criteria involve significant interpretation.

How much does an attorney cost to support with an RFE?

The cost of an attorney varies based on the complexity of your case and the amount of work required to prepare a comprehensive response. At Lawhive, we believe in transparent pricing with no hidden costs - we don't charge by the hour like traditional law firms. You’ll know what you’re paying for each step of the way, with no hidden fees or surprises.

In evaluating the cost, consider that a properly prepared RFE response could save you from having to refile your application (and pay new filing fees) or face the consequences of a denial, which could include leaving the country or being barred from certain immigration benefits in the future.

How long do you have to respond to an RFE?

The deadline to respond to an RFE varies depending on the type of application:

• For applications to extend or change nonimmigrant status and applications for unlawful presence waivers: 30 days from the date the RFE was issued
• For most other application types: 84 days (12 weeks) from the date the RFE was issued

It's critical to note that these are maximum timeframes - always check the specific deadline stated in your RFE letter, as it may be shorter. The deadline is based on when USCIS must receive your response, not when you mail it.

If you fail to respond by the deadline, USCIS will make a decision based on the evidence already submitted, which typically results in a denial. Extensions are rarely granted, so acting promptly is essential.

What you can expect from a Lawhive attorney

From day one, your Lawhive attorney is here to help you navigate the RFE process with confidence. You'll speak with our experienced team right away so we can understand your situation and evaluate your RFE. Then you'll get a clear idea of the costs and what you can expect to pay.

We work with vetted immigration attorneys who have extensive experience with RFE responses across all visa categories. They'll take the time to:

• Thoroughly analyze your RFE and original application
• Explain exactly what USCIS is asking for and why
• Develop a comprehensive strategy to address all concerns
• Work with you to gather the necessary evidence
• Prepare a persuasive response package with a detailed cover letter
• Submit your response before the deadline

With Lawhive, you get professional legal help that's responsive, straightforward, and focused on what matters most: getting your application approved so you can achieve your immigration goals.

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