How to Avoid Request for Evidence Response?

Request for Evidence, commonly known as RFE, is a request issued by the United States Citizenship and Immigration Services to foreign investors for residency, family visas, citizenship, and employment visas. Some of the examples of petitions for which a Request for Evidence may be issued are Form I-129, Form I-140, and Form 1-130.

• Form I-129 stands for Alien Worker Authorization
• Form I-140 stands for Immigrant Worker Authorization
• Form I-130 stands for Family Visa

The RFE or Request for Evidence can be used when the adjudicator believes that there is not enough evidence or proof to approve the petition, and at the same time, also believe that the petition may be redeemable and that there is no clear factual basis for the denial. The RFE should be as clear as possible. It should not be intended for use for the adjudicator’s reassurance where there is enough proof to approve the petition. The Request for Evidence is sent to, or the response must be sent by, the petitioner instead of the beneficiary.

Tips to Avoid RFEs

Sending clear and complete documentation can reduce the need for RFEs. The United States Citizenship and Immigration Services website provides the following tips in order to help you avoid RFEs.

• Inconsistencies in documents should be explained, and proof should be included.
• Lack of documents should be explained with clear evidence.
• Probative value: Some documents are considered more authoritative and come with more probative value. For example, income tax returns have more probative value as compared with letters from friends or family.
• Missing translations should be avoided. All the documents should be translated and submitted in English.

Types of Request for Evidence

Request for Evidence generally request one or more of the following types of proofs:

• Ability of employer to pay
• Prior work experience
• Educational details
• Documents supporting claims of exceptional ability or outstanding
research
• Prior stay in the US

Now, let’s take a look at RFE response

• The petitioner can send all the request evidence.
• The petition can partially respond by submitting requested evidence. The United States Citizenship and Immigration Services will use the submission with the previous submission to evaluate the petition.
• The petition can withdraw the petition.
• The petition can select not to respond, and the final decision will be based on the original petition.

When sending RFE, the petitioner may attach additional evidence over and above those points requested in the RFE.

 
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