USCIS Request for Evidence and How to Respond
Request for Evidence (RFE) Explained
What is an RFE?
U.S. Citizenship and Immigration Services (USCIS) may issue a Request For Evidence when an application or petition lacks necessary documentation or evidence to make a decision on the immigration benefit requested. If USCIS mails you a Request for Evidence, it means that they need you to provide additional proof before they can proceed with your application or petition. Once USCIS issues an RFE, the processing of your request stops; this can create a significant delay. When you respond to USCIS with the requested items (before the deadline), they will continue processing your application or petition.
Failing to respond to an RFE by the deadline will virtually guarantee that your application or petition gets denied. Therefore, responding to a Request for Evidence in an accurate and timely manner is critical for the success of your case. We suggest some guidelines for responding to an RFE and some tips for avoiding this dreaded request in the first place.
Most Common RFEs for Adjustment of Status
Why did USCIS send a Request for Evidence?
Take a deep breath. A Request for Evidence will delay your case processing time and may create some anxiety, but it isn’t an indicator of a pending denial. If you fail to respond, USCIS will likely deny your application. But if you respond as directed, you are no more likely to be denied than if you hadn’t gotten the RFE.
USCIS may issue a Request for Evidence for almost any immigration benefit. However, some of the most common RFEs issued for adjustment of status cases include:
Sponsor's support is insufficient to remove public charge ground
Family-based applications generally require you to prove that you are not inadmissible on the public charge ground. A common RFE related to I-485 applications is that applicants fail to include all the supporting documents necessary to document the sponsor's income. The sponsor must sufficiently evidence income and resources claimed on Form I-864, Affidavit of Support.Insufficient evidence of birth
USCIS has specific requirements for birth certificates. You generally must provide a long form birth certificate. Some countries don't have birth records that match USCIS expectations. When appropriate civil documents do not exist, you may need to submit alternative evidence. Learn more about submitting adequate evidence of birth for adjustment of status.Missing evidence of lawful entry
Evidence of legally entering the United States is almost always essential to adjust status to permanent resident. Failing to prove a lawful entry will likely lead to a denial. In most cases, applicants can provide a photocopy of Form I-94, Arrival/Departure Record, from their most recent entry to satisfy the requirement. It's simple to replace the I-94, and there are options when your I-94 is not correct.Lack of certified translation
If any of your supporting documents are in a foreign language, you must provide an English translation made by someone other than the petitioner or beneficiary. All translations must be in the form of a certified translation for USCIS.Missing initial evidence
Sometimes people just forget to include an important piece of evidence or include all pages of a form (even if the page is empty). USCIS, at its discretion, may deny applications that are incomplete. This is your opportunity to rectify the oversight by submitting the missing information.
It’s easy to miss a question or leave out a key document. With CitizenPath, you’ll get correctly prepared forms plus personalized filing instructions tailored to your situation. Our step-by-step guidance ensures you know exactly which supporting documents to submit, so you can file with confidence. Learn more about our online immigration services →
Review Your RFE Carefully
What does my RFE say?
USCIS is providing you with a second chance to submit evidence. It's important that you understand exactly what you are supposed to do. You have one opportunity to respond to the RFE with the correct information and get your application back on track. USCIS tends to use many scripted responses in their RFE letters. As such, the letters may be vague. They are rarely precise about the missing evidence.
Identify the Requested Evidence
The notice will outline the documents USCIS needs to decide your case and may point out eligibility requirements not yet satisfied. Sometimes, it even asks for items you already submitted. Officers can overlook things, but double check that the item addresses the requirement adequately. In most cases, though, you’ll need to provide additional evidence to support your application. Carefully review the list and prepare each item USCIS requests.
Identify the Deadline
The USCIS Request for Evidence will also provide a deadline. This tells you how long you have to respond. If you can, responding sooner is better. You will need to respond to the RFE before the deadline indicated so that the adjudicator will have enough evidence to make a favorable decision. If you fail to respond by the RFE deadline, USCIS will make a decision based on the existing evidence. Generally, that leads to a denial.
How to Respond to a USCIS Request for Evidence
How should I reply to the RFE?
Once you've identified the requested evidence and gathered it, you'll need to respond to the Request for Evidence within the allotted time frame.
Provide one complete response
USCIS generally issues only one RFE. You need to respond with a single response that thoroughly satisfies the request and supplies all evidence. If you fail to adequately respond, USCIS will likely deny your application. Address the issues as clearly as possible and provide your answers in one, single response. If you are uncomfortable responding to a Request for Evidence, seek assistance from an expert.
Organize your response
Keep your response clear and organized. Write concisely, and if the RFE is complex, add a table of contents or label exhibits. A short cover letter that lists the evidence you’re submitting is strongly recommended, especially when multiple issues are involved. This helps the officer see that you’ve addressed every request. Place the RFE notice on top, followed by your cover letter and supporting documents:
- Original RFE (must be on top)
- RFE cover letter (view an example)
- All requested evidence
Respond before the deadline
It should go without saying, but you must respond on time. Missing the deadline will most likely result in a denial. Don’t be late. Remember to make a copy of the RFE and all evidence for your own records. You'll need to return the original Request for Evidence with your response.
Mail the response package to the address specified on the RFE. Mail the package via U.S. Postal Service Priority Mail or a courier (e.g. FedEx, UPS or DHL) that can track your package. You want to have delivery confirmation so you have proof that you responded in the allowed time frame.
Tips to Avoid an RFE
How do I avoid RFEs?
USCIS issues a Request for Evidence when an applicant has not provided sufficient documentation or information in an original package. Therefore, preparing a complete and detailed application package is important for avoiding an RFE. In a similar way, irrelevant or unnecessary information can clutter an application package.
- Avoid inconsistencies and omissions of information. If there are any inconsistencies, explain them at the time of filing the application.
- Provide complete certified translations for evidence that is originally printed in a foreign language.
- Use evidence with more probative value when possible.
- When scanning or making photocopies, ensure that you get a clean image so that all important details can be read.
- Organize your application package in a way that it’s easy for USCIS to locate and identify evidence.
CitizenPath helps you prepare USCIS forms correctly and avoid Requests for Evidence. Designed by immigration attorneys, our affordable service gives you step-by-step guidance, instant alerts for potential problems, and a guarantee your form will be approved.
While we can’t fix an RFE if you already filed on your own, our focus is helping you prevent one in the first place. With CitizenPath, you’ll also receive personalized filing instructions tailored to your case, including a checklist of supporting evidence and example resources — so you know exactly what to submit.
Start free today. You only pay when you’re ready to file. See CitizenPath's immigration services →
Request for Initial Evidence (RFIE)
Why was a Request for Initial Evidence sent to me?
A Request for Initial Evidence (RFIE) is similar to a traditional Request for Evidence. Both are notices that USCIS needs more information before making a decision on your case. However, an RFIE is typically issued early in the process when something basic is missing, while an RFE usually comes later to request additional proof of eligibility. In practice, RFIEs are extremely rare. USCIS will almost always reject an application package that doesn't include the basic components.
If you receive an RFIE, it’s critical to respond by the deadline with the requested materials. Failure to provide the missing initial evidence will almost always result in a denial or rejection.
| Feature | Request for Initial Evidence (RFIE) | Request for Evidence (RFE) |
|---|---|---|
| Purpose | To obtain missing initial evidence required to start processing the case. | To obtain additional evidence that helps USCIS decide if you are eligible. |
| When Issued | Early in the review process, usually right after USCIS receives the application. | After USCIS has started reviewing the case and needs more proof. |
| Examples of Evidence Requested |
|
|
| Commonality | Rare. USCIS typically rejects cases outright when initial evidence is missing. | Very common across most case types. |
| Consequence of Not Responding | Case will almost always be denied or rejected. | Case will be denied if no response or insufficient evidence is provided. |
NOID is Different than RFE
Is a NOID the same as an RFE?
A Notice of Intent to Deny (NOID) is much more serious than a Request for Evidence. A NOID is a negative determination and impending denial. It is a formal warning that a USCIS officer reviewed your case and plans to deny it if you are unable to provide more convincing evidence. You should take urgent action, generally with the assistance of an immigration attorney, to address the NOID with stronger evidence of your eligibility for the immigration benefit.
Request for Evidence FAQs
How CitizenPath Helps You Avoid an RFE
How do I avoid a Request for Evidence?
Filing USCIS forms isn’t just filling in blanks — you must carefully provide evidence to prove eligibility. You may not need a lawyer, but you do need a reliable partner.
CitizenPath makes it simple and affordable to prepare immigration applications. Designed by attorneys, our online service flags potential mistakes, gives you personalized filing instructions, and helps you avoid RFEs, delays and denials. You stay in control with a do-it-yourself tool backed by live support and our money-back guarantee of USCIS approval.
