If you are in the process of making a US visa application and have already filed your petition, you may receive a Request for Further Evidence (RFE) from USCIS during the adjudication stage.

Receiving a Request for Evidence (RFE) from USCIS can feel like a setback, but it doesn’t mean your application is denied. An RFE simply means USCIS needs more information before making a decision on your case. Whether you’re applying for a green card, work visa, or naturalization, responding correctly and on time is crucial to keeping your immigration process on track.

Many applicants panic when they receive an RFE, assuming it signals a problem with their case. In reality, RFEs are common and often related to missing documents, insufficient proof, or the need for additional clarification. Ignoring or poorly responding to an RFE can lead to a denial, so it’s essential to understand exactly what USCIS is requesting and provide a complete, well-organized response before the deadline.

A strong RFE response includes all requested evidence, clear explanations, and supporting documents to address USCIS concerns. In some cases, professional guidance from an immigration attorney can help ensure a thorough and persuasive submission.

Understanding why RFEs are issued and how to respond effectively can make all the difference in getting your petition approved without unnecessary delays. Let’s break down what you need to know to handle an RFE the right way.

The following guide looks at what an RFE means for your application and how to respond to this type of request. There are also some handy tips on how to deal with an RFE when being asked to provide additional documentation for your application.

 

What is an RFE?

 

RFE refers to a request from US Citizenship and Immigration Services (USCIS) for additional evidence from applicants who have made an immigration application, such as a change of status or a green card. Put simply, the adjudicating officer believes they require more information from the applicant in order to make a decision.

The request can come from USCIS at any stage prior to a determination being made on your application.

RFEs are common for green cards, work visas, naturalization applications and other immigration benefits. They often request missing documents, further proof of eligibility, or clarification of certain details. Some RFEs ask for simple corrections, while others require extensive supporting evidence.

An RFE will come in the form of a written request or notice for more information and documentation in circumstances where USCIS have formed the view that they do not yet have sufficient evidence to determine your eligibility for the immigration benefit sought.

RFEs inevitably signal a delay in the adjudication process. As such, it is always advisable to take advice on your initial application to avoid an RFE scenario.

 

What does an RFE mean for your application?

 

Receiving a Request for Evidence (RFE) from USCIS means additional information is needed before a decision can be made on your immigration application. It does not mean your case is denied, but failure to respond properly and within the given timeframe could result in rejection.

Typically, an RFE will contain an introductory paragraph describing the nature of your application, the date it was received and an initial explanation that USCIS does not have sufficient evidence to either approve or deny your application.

The RFE would usually contain the following information:

 

• identify the eligibility requirement(s) that has not been established and why the evidence submitted was not sufficient;
• identify any missing evidence specifically required by the applicable statute, regulation or form instruction;
• identify examples of other evidence that may be submitted to establish eligibility, and;
• request that evidence.

 

Finally, the RFE will set out where to send any additional evidence, the deadline within which to do so and the consequences of any failure to submit this additional documentation, either on time, or at all.

 

How to respond to an RFE

 

If you receive a request for evidence from USCIS, this does not necessarily mean that a denial of your application is inevitable, rather that additional information is required to enable the case officer to properly process your application.

Having received an RFE, your visa application or green card petition will be treated as pending during the RFE request and response review time.

Provide each and every document listed on the RFE. In the event that this proves to be impossible, you should provide a clear written explanation by way of cover letter for any missing documents. Where you have been unable to provide an original document, you should again explain why the original is unobtainable and provide certified copies where at all possible.

If you fail to provide all of the information requested, in the format required, USCIS may proceed to make a decision based on the evidence submitted to date, which again is unlikely to be favourable.

Once the RFE response has been received, USCIS can take up to 60 days to make a decision on your case.

In certain cases, the evidence provided in response to an RFE may raise eligibility questions that the USCIS case officer did not identify during their initial case review. The new evidence may also open up new lines of inquiry. In such a case, a follow-up RFE might be warranted.

 

How long do you have to respond to an RFE?

 

Do not miss the deadline set out in the RFE. The response deadline will be expressed as either a set number of days or by way of a specific date. In the event that the deadline is expressed in days, this will run from the date of the RFE letter or notice, and not from the date that you received the RFE in the post.

The maximum response time that will be permitted by USCIS for an RFE is 12 weeks, although this can vary on a case-by-case basis.

During the COVID pandemic, you may qualify for an extension on the deadline for your RFE response. Take advice to ensure you are working to the correct timeframes.

It is always best to send your RFE response via priority mail with delivery confirmation so that you have proof that you complied with the deadline.

Assuming USCIS receives the information requested within the allocated timeframe, your case officer will then proceed to make a determination on your application based on all the evidence available.

In the event that you fail to respond within the allocated time, or at all, you run the risk that USCIS will form the view that you have abandoned your application and issue a denial accordingly.

 

USCIS request for evidence: response received

 

When USCIS receives a response to an RFE, the case is placed back into review. The processing time after submission varies, but USCIS generally updates the case status online to reflect that the response was received. Applicants can track their case using the receipt number on the USCIS Case Status Online portal.

After receiving an RFE response, USCIS evaluates the additional documents to determine if they satisfy the request. If the evidence is sufficient, the case will proceed to the next step, whether that is approval, additional review or a request for more information. If the response does not fully address the request, USCIS may issue another RFE or deny the application.

 

How long after response to USCIS request for evidence was received?

 

After submitting your RFE response, the time it takes for USCIS to review and make a decision varies based on several factors, including the complexity of your case and the agency’s current workload. On average, applicants can expect a decision within 60 to 90 days after USCIS receives the RFE response.

For cases under premium processing, USCIS guarantees a 15-calendar-day processing period. If an RFE is issued under premium processing, USCIS will resume the 15-day countdown upon receiving your response.

If you do not receive a decision within the expected timeframe, consider contacting the USCIS Contact Center at 1-800-375-5283 for an update on your case status. Note that processing times can vary, and each case is unique.

 

Statutory denials without prior issuance of an RFE

 

In the case of an application or petition that lacks initial evidence, USCIS has discretionary powers to make a determination without issuing an RFE.

As such, applicants who receive a request for evidence should regard this as an invaluable opportunity to persuade USCIS that their application should be approved.

An application in which the issuance of a denial may be appropriate without prior issuance of an RFE is where the regulations require the submission of an official document establishing eligibility at the time of filing.

This could be, for example, a family-based category where an affidavit is needed to show that the applicant has adequate financial means.

USCIS will issue what is known as a statutory denial without prior issuance of an RFE on any application or petition that does not have any basis upon which the applicant or petitioner may be approved.

This would include any filing in which the applicant or petitioner has no legal basis for the benefit sought, or a request for a program that has been terminated. Other examples include, but are not limited to:

 

• Waiver applications that require a showing of extreme hardship to a qualifying relative but the applicant is claiming extreme hardship to someone else and there is no evidence of any qualifying relative;
• Family-based visa petitions filed for family members under categories that are not provided by statute based on the claimed family relationship.

 

 

Notice of Intent to Deny (NOID)

 

Instead of issuing an RFE, USCIS might issue you a Notice of Intent to Deny (NOID). A Notice of Intent to Deny (NOID) is a notice issued by USCIS based on evidence of ineligibility or on derogatory information known to USCIS, but the applicant or petitioner is either unaware of the information or may be unaware of its impact on eligibility.

When an adverse decision is based on derogatory information that is unknown to the applicant or petitioner, generally speaking an opportunity to rebut that information shall be given by USCIS.

When a preliminary decision has been made to deny an application or petition and the denial is not based on lack of initial evidence or a statutory denial, the adjudicator must issue a written NOID to the applicant or petitioner, providing up to a maximum of 30 days to respond to the NOID.

 

Need assistance?

 

As specialists in US immigration, NNU’s London-based attorneys have extensive experience in advising on US visa application processing. If you have a query, contact us for guidance.

 

USCIS RFE FAQs

 

What is a Request for Evidence from USCIS?

A Request for Evidence is a notice from USCIS asking for additional documents or information before making a decision on an immigration application.

 

Does receiving an RFE mean my case will be denied?

No, an RFE does not mean denial. It means USCIS needs more information to process your case. A well-prepared response increases the chances of approval.

 

How long do I have to respond to an RFE?

The deadline for responding is stated in the RFE notice. It is usually between 30 and 87 days. Extensions are not typically granted, so submitting on time is important.

 

What happens if I ignore an RFE?

If no response is submitted by the deadline, USCIS will likely deny the application based on insufficient evidence.

 

Can I submit additional evidence that was not requested?

Yes, additional relevant documents can be included, but all required evidence listed in the RFE must be provided to avoid delays or denial.

 

Should I hire an immigration attorney to help with my RFE response?

For straightforward RFEs, applicants can respond on their own. For detailed or complex cases, consulting an attorney may help ensure the strongest possible response.

 

How do I submit my RFE response?

The RFE notice will provide instructions on how to submit documents. It usually requires mailing a complete response to the address listed.

 

Can I check the status of my case after submitting an RFE response?

Applicants can track their case status online through the USCIS website using their receipt number.

 

How long does USCIS take to process an RFE response?

Processing times vary, but USCIS generally reviews RFE responses within 60 days after submission.

 

What if my case is denied after responding to an RFE?

If an application is denied, options may include filing a motion to reopen the case, submitting a new application, or seeking legal advice on the next steps.

 

Glossary

 

Term	Definition
Request for Evidence (RFE)	A notice from USCIS requesting additional documents or information before making a decision on an immigration application.
USCIS	United States Citizenship and Immigration Services, the agency that processes immigration petitions and applications.
Receipt Number	A unique identifier assigned to each USCIS case, used to track application status online.
Immigrant Visa	A visa that allows foreign nationals to live permanently in the United States.
Nonimmigrant Visa	A visa for temporary stays in the United States, such as for tourism, study, or employment.
Evidence of Relationship	Documents proving a family or marital relationship, often required for family-based immigration applications.
Supporting Documents	Additional paperwork required by USCIS to verify eligibility, such as financial records, employment letters, or affidavits.
Response Deadline	The date by which an RFE response must be submitted to USCIS, usually within 30 to 87 days.
Case Status	The progress of an immigration application, which can be checked online using the USCIS Case Status tool.
Denial Notice	A formal notice from USCIS stating that an application has been denied, often including reasons and potential next steps.