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If you have an RFE, you may wonder what information it should include. This can be confusing and stressful, especially if you’re unfamiliar with the process. A Request for Evidence (RFE) is a common part of the immigration process, and it simply means that the USCIS needs more information to decide on your application for an immigration benefit, such as a Green Card or visa.
In short, an RFE will outline the specific documents or evidence missing from your original application and provide a deadline for your response. Our Phoenix immigration lawyers can help you understand what this notification means and what type of evidence you need to provide.
What Is an RFE, and What Information Do I Need?
An RFE is a written notification informing you that your application for an immigration benefit, such as a Green Card or certain visas, requires additional documentation or evidence.
The RFE will explain what information the USCIS needs from you and give you a specific deadline to respond. It’s important to remember that receiving an RFE doesn’t necessarily mean your application will be denied. It simply means that USCIS needs more information to make a decision.
Information You Need if a Request for Initial Evidence Was Sent
The specific evidence requested will vary depending on your situation and the type of immigration benefit you’re applying for. Here’s a general guide to help you understand the types of documents you may need to present when USCIS is reviewing your case.
- Essential Documents: Often, RFEs request missing civil documents like birth certificates, marriage certificates, or adoption records. If the originals are in another language, USCIS will likely require certified translations into English.
- Proof of Eligibility: Depending on your application, USCIS might ask for evidence that meets the eligibility requirements. For instance, employment-based Green Card applications may require documentation of your job offer and qualifications.
- Financial Ability (if applicable): If your immigration benefit requires showing financial support, USCIS might request bank statements, tax returns, or employment records to verify your financial standing.
- Medical Records: Certain applications may require proof of medical examinations completed by a USCIS-approved doctor.
- Supporting Statements: In some cases, USCIS might request written statements from witnesses or other individuals who can confirm details about your application.
This is not an exhaustive list. The best course of action is to review the RFE itself carefully. It will clearly outline the specific documents required in the RFE. If you’re unsure about anything or you have a negative immigration court decision, an experienced immigration lawyer can answer your questions.
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The Role of an Immigration Attorney
The immigration process can be complex, and an RFE is just one hurdle you may encounter. An experienced immigration lawyer can assist you with a wide range of immigration matters beyond responding to RFEs. Here are some examples of how an immigration lawyer can help you navigate the immigration system:
- Application Assistance: Immigration applications can be lengthy and involve detailed instructions. An immigration lawyer can help you complete your application accurately and ensure you submit all the required documentation.
- Interview Preparation: If your application requires an interview with a USCIS officer, an immigration lawyer can prepare you for what to expect and help you present your case effectively.
- Deportation Defense: If you are facing removal proceedings, an immigration lawyer can represent you in court and fight to help you stay in the United States.
- Appeals Process: If your application is denied, an immigration lawyer can advise you on your appeal options and guide you through the appeals process.
Understanding your rights and legal options can be especially important during challenging times. An immigration lawyer can be a valuable resource throughout your immigration journey and offer support during a stressful process.
6 FAQs About RFEs You Need to Know
Here are some frequently asked questions (FAQs) to help you understand RFEs and how an immigration lawyer can assist you:
1. How Much Time Do I Have to Respond to an RFE?
The notice you receive should clearly state the deadline for responding to an RFE. It’s important to meet this deadline to avoid delays in processing your application.
2. Is an RFE a Good Sign?
An RFE is not necessarily a good sign or a bad sign. It simply means USCIS needs more information to decide on your application.
In many cases, an RFE can be a positive development because it gives you an opportunity to address any missing information or clarify any issues in your application. Consulting with an immigration lawyer can help you understand its implications and craft a strong response.
3. What Happens if I Miss the Deadline to Respond to an RFE?
Missing the deadline could lead to your application being denied. However, USCIS may allow you to submit a late response if you have a good reason for the delay.
4. What if I Don’t Have All the Documents Requested in the RFE?
An immigration lawyer can advise you on alternative evidence you might submit or explain how to obtain the missing documents.
5. Can a Lawyer Help Me if My RFE Results in a Denial of My Application?
Yes. Suppose the government denies your immigration case after your RFE response. In that case, an immigration lawyer can review your denial notice in detail and advise you on your appeal options with a thorough explanation of the potential benefits and drawbacks of each course of action.
6. Is it Safe to Talk to an Immigration Lawyer About My RFE?
Yes, immigration lawyers are bound by strict ethical rules to protect your privacy and confidentiality. That means that any information you share with your lawyer during a consultation or throughout the RFE response process will be kept strictly confidential.
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Talk to an Experienced Immigration Lawyer at No Cost if You Have an RFE
Receiving a Request for Evidence (RFE) can be confusing and raise concerns about your immigration application. It’s important to remember that you’re not alone in this process. Many immigration lawyers offer free consultations, allowing you to discuss the information to include in an RFE and get legal guidance at no cost.
Our lawyers at New Frontier have a track record of success and the testimonials to prove it. We also offer free consultations, allowing you to discuss your RFE and explore your options in a confidential setting. Remember, an experienced immigration lawyer can be a valuable asset and help you achieve your immigration goals.
