Immigration for individuals and families

Responding to an RFE

A Request for Evidence means USCIS needs more before it can decide your case. The response is usually your one chance to supply it. We read the request, gather the evidence and file a complete answer before the deadline.

What we handle

Requests on family, employment and investor cases, including cases we did not file.

  • Requests for Evidence

    On petitions and applications of every kind, from Form I-130 to Form I-526E.

  • Notices of intent to deny

    Answers to a notice that the officer plans to deny, with the evidence and legal argument to change that.

  • Notices of intent to revoke

    Responses when USCIS proposes to revoke an approved petition.

  • Consular requests

    Requests for documents from the National Visa Center or a consulate after an interview.

  • Motions and appeals

    Form I-290B, to reopen or reconsider a denial, or to appeal it.

  • Refiling

    A new filing when that is faster or stronger than a motion.

How the process works

Five steps. The deadline on the notice governs the schedule.

  1. Read the request

    We identify exactly what is asked, the legal standard behind it and the date the response must reach USCIS.

    Who: the firm

  2. Decide what the gap is

    Some requests ask for a missing document. Others signal that the officer doubts eligibility. The response is different for each.

    Who: the attorney, with you

  3. Gather the evidence

    We give you a precise list. We also find evidence you may not think to offer, such as statements from third parties.

    Who: you and the firm

  4. Write and file the response

    A cover letter answers each item in the order asked and points to the evidence. Everything goes in one package, with the notice on top.

    Who: the firm

  5. The decision

    USCIS decides on the full record. If it denies, we compare a motion, an appeal and a new filing.

    Who: USCIS decides; the firm advises on next steps

Three notices, three different situations

The name of the notice tells you how far the officer has gone.

  • RFE

    Request for Evidence

    The officer needs more to decide. The case can still be approved on a good response.

  • NOID

    Notice of intent to deny

    The officer has reached a view and intends to deny unless the response changes it. The response must address the stated reasons directly.

  • Denial

    Decision

    The case is decided. The options are a motion to reopen or reconsider, an appeal where available, or a new filing.

Representative matters

A few recent responses, described without client names.

  • Marriage

    Approval of a spouse petition after a request for evidence of a genuine marriage, answered with joint records and third-party statements.

  • H-1B

    Approval after a request questioning whether a data analyst position was a specialty occupation.

  • Investor

    Answered a request on the source of a gift used in an EB-5 investment, tracing the donor’s funds through three accounts.

  • NOID

    Approval of an extraordinary ability petition after a notice of intent to deny, with expert letters addressing each stated reason.

Attorney advertising. Prior results do not guarantee a similar outcome. Every case turns on its own facts.

Common questions

Can I ask for more time?

Generally no. USCIS does not extend the deadline on a Request for Evidence, so we plan the work around the date on the notice.

Can I send part now and the rest later?

No. USCIS treats a partial response as a request to decide on the record. Everything goes in one response.

Does an RFE mean my case will be denied?

No. Many cases receive one and are approved. A Notice of intent to deny is more serious and needs a direct answer to each reason.

Received a Request for Evidence?

Bring the notice, a copy of what was filed and the deadline date. We can take on responses to cases another lawyer or the applicant filed.