Request for Evidence (RFE) Response Template

REQUEST FOR EVIDENCE (RFE) RESPONSE TEMPLATE

PURPOSE

This template provides a comprehensive framework for responding to a Request for Evidence (RFE) issued by U.S. Citizenship and Immigration Services (USCIS). An RFE indicates that USCIS requires additional information or documentation before rendering a decision on your application or petition.

CRITICAL DEADLINES AND REQUIREMENTS

Response Deadline

• Standard RFE: 87 days from the date USCIS mails the RFE
• I-601A Waivers: Often 30 days (verify on notice)
• Asylum Cases: May have different timeframes (verify on notice)

Important Rules

1. USCIS must RECEIVE your response by the deadline (mailing on deadline is TOO LATE)
2. Mail response at least 10-14 days before deadline
3. Only ONE response package is permitted - include ALL evidence
4. Partial responses are treated as requests for decision on the record
5. No extensions are permitted under 8 CFR § 103.2(b)(11)

Weekend/Holiday Adjustment

If the deadline falls on a Saturday, Sunday, or federal holiday, the deadline extends to the next business day. However, do NOT rely on this - submit early.

RFE RESPONSE COVER LETTER

[DATE]

VIA [DELIVERY METHOD - e.g., USPS PRIORITY MAIL EXPRESS]
TRACKING NUMBER: [NUMBER]

U.S. Citizenship and Immigration Services
[Address from RFE Notice]
[City, State ZIP]

Re: Response to Request for Evidence

Dear USCIS Officer:

This letter constitutes a complete response to the Request for Evidence ("RFE") dated [DATE], received by [applicant/petitioner/counsel] on [DATE RECEIVED]. The RFE was issued in connection with [Form Number] filed on behalf of [Applicant/Beneficiary Name].

We respectfully submit the following evidence and documentation in response to each item requested in the RFE. This response addresses all issues raised and demonstrates that [Applicant/Petitioner/Beneficiary] meets all eligibility requirements.

RESPONSE TO RFE ITEMS

RFE ITEM 1: [QUOTE OR SUMMARIZE THE FIRST REQUEST FROM THE RFE]

Evidence Submitted:
☐ [Document 1 - describe]
☐ [Document 2 - describe]
☐ [Document 3 - describe]

Explanation:

[Provide detailed explanation addressing this RFE item. Include:]

1. Legal Standard: [Cite relevant INA section, CFR regulation, or USCIS policy]

2. Facts: [State the relevant facts that support eligibility]

3. Evidence: [Explain how the submitted evidence satisfies the requirement]

4. Conclusion: [Conclude why this evidence meets the standard]

RFE ITEM 2: [QUOTE OR SUMMARIZE THE SECOND REQUEST]

Evidence Submitted:
☐ [Document 1 - describe]
☐ [Document 2 - describe]

Explanation:

[Provide detailed explanation addressing this RFE item following the same structure as above]

RFE ITEM 3: [CONTINUE FOR EACH ITEM IN THE RFE]

Evidence Submitted:
☐ [List documents]

Explanation:

[Detailed explanation]

SUMMARY OF EVIDENCE ENCLOSED

The following evidence is submitted in support of this RFE response:

Tab A: Original RFE Notice

☐ Copy of original RFE (as cover page of response package)

Tab B: [Category Name - e.g., Employment/Income Evidence]

1. [Document description and date]
2. [Document description and date]
3. [Document description and date]

Tab C: [Category Name - e.g., Relationship Evidence]

1. [Document description and date]
2. [Document description and date]

Tab D: [Category Name - e.g., Supporting Declarations/Affidavits]

1. [Document description and date]

Tab E: [Category Name - e.g., Translations]

1. [Document name] - Certified English translation
2. [Document name] - Certified English translation

Tab F: [Additional Categories as Needed]

1. [Document description]

LEGAL ARGUMENT (IF APPLICABLE)

[For complex cases or where the RFE raises legal issues, include legal analysis:]

Applicable Legal Standards

Under [INA § XXX / 8 CFR § XXX / Matter of [Case Name]], the standard for [issue] requires [state standard].

The [BIA/AAO/USCIS Policy Manual] has held that [cite relevant precedent or guidance].

Application to Present Case

In the present case, [Applicant/Petitioner/Beneficiary] has demonstrated [requirement] through [evidence]. Specifically:

1. [First point with supporting evidence]
2. [Second point with supporting evidence]
3. [Third point with supporting evidence]

Distinguishing Adverse Authority (if applicable)

[If RFE cites cases or standards that may appear unfavorable, distinguish them here]

CONCLUSION

Based on the foregoing, [Applicant/Petitioner/Beneficiary] has submitted all evidence requested in the RFE and has demonstrated eligibility for [benefit sought]. We respectfully request that USCIS approve the [Form Number].

The evidence submitted establishes that:

1. [First key point of eligibility]
2. [Second key point of eligibility]
3. [Third key point of eligibility]

Should you have any questions or require additional information, please contact undersigned counsel at the information provided below.

Thank you for your consideration.

Respectfully submitted,

_________________________________
[ATTORNEY SIGNATURE]
[ATTORNEY NAME]
[BAR NUMBER(S)]
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

_________________________________
[APPLICANT/PETITIONER SIGNATURE]
[PRINTED NAME]
Date: _______________

RFE RESPONSE CHECKLIST

Before Drafting Response

☐ Read entire RFE carefully - identify ALL items requested
☐ Note the response deadline prominently
☐ Calendar deadline with reminders at 60, 45, 30, 14, and 7 days before
☐ Gather all documents and evidence needed
☐ Identify any documents that cannot be obtained
☐ Plan strategy for addressing each RFE item

Document Preparation

☐ Original RFE notice (include as first page of response)
☐ Cover letter addressing each RFE item point-by-point
☐ All requested documents organized by RFE item
☐ Certified English translations for all foreign language documents
☐ Table of contents/index of evidence (recommended)
☐ Tabs or dividers separating each section

For Specific RFE Types

Employment/Financial RFEs:
☐ Pay stubs (recent 6 months)
☐ Tax returns with all schedules and W-2s
☐ Bank statements
☐ Employment verification letter
☐ Accountant letter (if applicable)
☐ Business financial documents (if self-employed)

Relationship/Bona Fide Marriage RFEs:
☐ Joint financial documents
☐ Joint lease/mortgage
☐ Joint insurance policies
☐ Photographs with dates and descriptions
☐ Affidavits from family/friends
☐ Birth certificates of children
☐ Travel records
☐ Communication records

Education/Experience RFEs:
☐ Diplomas and transcripts
☐ Credential evaluation
☐ Experience letters from employers
☐ Professional licenses/certifications
☐ Expert opinion letters

Legal Status/Entry RFEs:
☐ I-94 records (from CBP website)
☐ Passport copies
☐ Prior visa stamps
☐ Prior approval notices
☐ Entry stamps and documentation

Quality Control Before Mailing

☐ Every RFE item is specifically addressed
☐ All documents listed in cover letter are actually included
☐ All documents are legible copies
☐ Translations are certified and complete
☐ Package is organized and easy to navigate
☐ No original documents included (unless specifically required)
☐ Receipt number appears on cover letter
☐ Contact information is correct and current
☐ Response is signed and dated

Mailing

☐ Use trackable delivery service (Priority Mail Express, FedEx, UPS)
☐ Verify correct mailing address from RFE notice
☐ Keep complete copy of entire response package
☐ Tracking Number: _______________________
☐ Date Mailed: __________________________
☐ Deadline: _____________________________
☐ Days Before Deadline: ___________________

COMMON RFE CATEGORIES AND RESPONSES

1. Ability to Pay (Employment-Based)

Common Requests:

• Employer's tax returns
• Annual reports
• Audited financial statements
• Bank statements

Evidence to Submit:

• Federal tax returns (Form 1120, 1120S, 1065, or Schedule C)
• Net income exceeding proffered wage
• Net current assets exceeding proffered wage
• Annual reports, profit/loss statements
• Letter from CPA confirming ability to pay

2. Bona Fide Marriage

Common Requests:

• Evidence of shared residence
• Financial commingling
• Shared responsibilities

Evidence to Submit:

• Joint bank accounts
• Joint lease/mortgage
• Joint utility bills
• Joint tax returns
• Insurance beneficiary designations
• Photographs with dates
• Affidavits from witnesses
• Birth certificates of children

3. Qualifying Relationship/Extreme Hardship (Waivers)

Common Requests:

• Evidence of qualifying relative
• Evidence of extreme hardship

Evidence to Submit:

• Birth certificates establishing relationship
• Psychological evaluations
• Medical records
• Country conditions evidence
• Financial impact analysis
• Expert declarations
• Qualifying relative's declaration

4. Specialty Occupation (H-1B)

Common Requests:

• Evidence position requires degree
• Evidence of beneficiary's qualifications

Evidence to Submit:

• Detailed job description
• Expert opinion letter
• Industry evidence/job postings
• Organizational charts
• Beneficiary's credentials and evaluations

5. Beneficiary Qualifications

Common Requests:

• Transcripts
• Experience letters
• License/certification

Evidence to Submit:

• Official transcripts
• Credential evaluation
• Detailed experience letters
• Professional licenses
• Certificates and diplomas

IF EVIDENCE IS UNAVAILABLE

If you cannot obtain requested evidence, you must:

1. Explain why the evidence is unavailable
   - Document attempts to obtain evidence
   - Include correspondence showing requests denied
   - Obtain letter from authority confirming unavailability

2. Submit secondary evidence
   - Affidavits from persons with direct knowledge
   - Alternative documentation
   - Circumstantial evidence supporting your case

3. Request consideration of alternative evidence
   - Cite 8 CFR § 103.2(b)(2) regarding alternative evidence
   - Explain how secondary evidence is credible and probative

LEGAL REFERENCES

• 8 CFR § 103.2(b)(8) - Request for Evidence
• 8 CFR § 103.2(b)(11) - Responding to RFE
• 8 CFR § 103.2(b)(13) - Effect of Failure to Respond
• 8 CFR § 103.2(b)(2) - Alternative Evidence
• USCIS Policy Manual, Volume 1, Part E, Chapter 6 - Evidence
• Matter of Ho, 19 I&N Dec. 582 (BIA 1988)
• Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010)

IMPORTANT REMINDERS

1. One Chance: You typically get only ONE opportunity to respond to an RFE. Make it complete.

2. No Extensions: USCIS does not grant extensions for RFE responses. Plan accordingly.

3. Deadline is Receipt Date: USCIS must RECEIVE your response by the deadline. The postmark date does not count.

4. Partial Response = Request for Decision: If you submit a partial response, USCIS will treat it as a request to decide based on the record.

5. Abandonment: Failure to respond results in denial for abandonment, which cannot be appealed (only motions available).

6. Keep Copies: Always retain a complete copy of your RFE response.

7. Track Your Package: Use trackable delivery and confirm receipt.

This template is provided for informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. Consult with a qualified immigration attorney for specific legal guidance.