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Since the election of President Donald J. Trump, the issuance of complex Requests for Evidence (RFE) in immigration cases has increased dramatically.  USCIS generally only issues one RFE. The failure to respond forcefully and comprehensively often results in a denial.   

ILG has vast experience assisting individuals and companies in the most complex request for evidence responses.  We have successfully responded to over 2,000 requests for Evidence. 

What is a Request for Evidence (RFE)?

When an application is pending with the USCIS, there is a chance that they deem it to be incomplete or not sufficiently clear for a decision to be made, and the immigration officer may issue an RFE.  An RFE is a “request for evidence,” which means that the officer needs and is requesting further information from the applicant or petitioner regarding your application before completing processing or coming to a decision.  An RFE request is an indication that your case is missing evidence that the officer feels needs to be present in order to make the best decision.

So, while receiving an RFE may not be what you consider to be good news, it is really an opportunity to clarify your application and to provide information you may have initially missed or did not know that you need to show. An RFE does not mean that your case is necessarily going to be denied. Rather, it is a chance for your to complete your case with all the information the officer considers to be necessary in order for the USCIS to come to a competent decision. It is absolutely crucial to respond to the RFE within the time frame that it indicates, and to supply the exact information that is being requested. An RFE is in most cases the only chance you have to provide the requested information; the USCIS normally does not issue more than one RFE. For the best chance of a favorable determination by USCIS, it is critical that you accurately answer everything requested on the RFE.

A concise, properly written and easily understood document will serve you much better than attempting to write an essay or letter than contains irrelevant information, which may obscure your purpose and lead to a denial. An immigration lawyer who has specialized legal knowledge and can answer the request in a concise and informative way can prove to be very helpful in completing the RFE appropriately.

Receiving an RFE can be frustrating because it delays your case, and you may personally feel that what is being requested is unnecessary or strictly for the purpose of bureaucratic paperwork. Even if it seems that way, it is important not to respond to the RFE on a personal level, to criticize the USCIS or to respond with anger or frustration. The officer usually will not issue an RFE unless there is sufficient reason to do so, therefore responding promptly with all the necessary information requested, in the correct format and in a civil, professional manner is an important aspect of moving your case towards being approved.

When originally filing your application, the best way to expedite your case and prevent the necessity for an RFE is to hire an immigration attorney who is an experienced expert and knows what needs to be filed for your application to be complete, and who can also help you to respond quickly to the USCIS officer should you receive and RFE after filing.

How can ILG Help?

The handling of a request for evidence (RFE) can be very time-consuming and complicated. There’s often only one chance to get it right. Responding inappropriately to an RFE can lead to denial of your case. A denial like this can cost thousands of dollars in legal fees to correct. For this reason, it is advisable to obtain the advice and assistance of a qualified immigration law attorney to handle the matter.

ILG has vast experience assisting individuals and companies in the most complex request for evidence responses. 

Furthermore, because immigration law is a federal law matter, ILG can assist you even if you are not a resident of the Washington, DC metro area. If you need a competent immigration attorney to handle your request for evidence matter, contact ILG, and you will be able to speak to a qualified immigration attorney to get the advice and assistance you need. An ILG lawyer experienced in all aspects of request for evidence (RFE) matters can make the process more manageable, as well as provide relevant context pertaining to how the matter is proceeding and what you can reasonably expect in terms of both time frame and success in obtaining the desired immigration benefit.

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