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630-392-8101 | 630-392-8101
info@kasturilaw.com

When applying for a visa, the U.S. Citizenship and Immigration Services (USCIS) may request additional documents to prove that you meet the specific requirements for the visa category you applied for. This is called a Request for Evidence (RFE) and is sent when the USCIS needs more information to decide on your case.

This article will discuss Request for Evidence, what documents are usually requested, and how your immigration attorney can help you if you receive an RFE.

When Additional Documents Are Required

The USCIS may request additional documents at any time during the visa process. However, there are certain times when you are more likely to receive an RFE. For example, if you apply for a visa without all the required documentation, the USCIS will likely issue an RFE.

If you have already submitted some of the required documentation, the USCIS may issue an RFE if they need more information to decide on your case. Thus, if your application is incomplete or missing information, the USCIS may also issue an RFE.

Requirements can vary between applications. For example, an asylum application will have different requirements than an application for a green card. Some applicants are required to provide primary evidence and may have a higher burden of proof. Some allow for more secondary evidence to be submitted.

If you have been previously denied a visa, the USCIS may also request additional documents to show that your circumstances have changed since your last application.

Each scenario is different, so it is essential to contact an experienced immigration attorney in Naperville to see if you are at risk of receiving an RFE.

What is a Request for Evidence (RFE)?

There are different reasons why the USCIS may issue each RFE.

USCIS may request primary evidence. Primary evidence is issued when the USCIS needs more information to determine if you are eligible for the visa category you applied for. Primary evidence consists of documents like birth certificates, marriage licenses, and educational degrees.

On the other hand, secondary evidence may be requested when the USCIS needs more information to determine whether you meet your application requirements.

For example, suppose you are applying for a family-based green card. In that case, you may have provided a birth certificate, but if the birth certificate is late issued, then USICS may issue an RFE requesting secondary or additional evidence to corroborate the information on the birth certificate.

If you’re struggling with responding to an RFE, contact Kasturi Law LLC’s immigration attorneys in Naperville.

Common Documents Requested for an RFE

The USCIS will list the specific documents they need in the RFE. However, some of the most common documents requested in an RFE include the following:

  • Birth certificates
  • Marriage Certificates
  • Educational degrees
  • Employment records
  • Bank statements
  • Tax Transcripts

In addition to providing primary evidence, testimonial evidence (considered secondary evidence) can also be helpful to show that you meet the requirements for the visa category you applied for. There are specific requirements on how the affidavits are written and notarized.

You can also use expert and opinion advice to supplement your case. An expert witness can provide an affidavit or declaration to support your claim. You can also submit opinions from professionals in your field as long as they are based on the person’s expertise.

Our Naperville, IL, Immigration Attorney Can Help

If you receive an RFE, you must consult an experienced immigration attorney from Kasturi Law LLC for help.

Your attorney can help you gather the required documents and evidence and draft a persuasive response to the RFE. In some cases, your attorney may also be able to file a motion to reopen or reconsider your case if you believe that the USCIS made a mistake in issuing an RFE.

Finding a Naperville, IL, Immigration attorney doesn’t have to be complicated. The immigration law firm of Kasturi Law LLC has a team of experienced attorneys who can help you with your visa application and any RFEs you may receive. Contact us today for a consultation.