info@kasturilaw.com

Call Us Today

630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville, IL 60540

Call Us Today

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

For years, many immigration applicants and petitioners have viewed a Request for Evidence as an opportunity to fill gaps after filing. That approach is increasingly risky.

U.S. Citizenship and Immigration Services (USCIS) has clarified its evidentiary standards and the discretion officers have when reviewing immigration benefit requests.

Under the agency’s August 2026 guidance, an officer may deny a filing without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) in certain circumstances.

For individuals, families, and employers in Chicago and throughout Illinois, the message is clear: the initial filing must be prepared as a case for approval, not the start of a conversation with USCIS.

When Might USCIS Issue an RFE?

An RFE allows USCIS to request evidence when an application or petition does not establish eligibility or additional information is needed to make a decision.

That does not mean an RFE is guaranteed.

An officer may issue one when required evidence is missing or when additional documentation or clarification could help resolve an eligibility question.

But the August guidance gives adjudicators discretion to deny when required initial evidence was not submitted or when the evidence already in the record fails to establish eligibility.

In other words, applicants should not intentionally submit an incomplete case with the expectation that USCIS will tell them what is missing later.

USCIS RFEs and Denials

An RFE Is Not Always the Next Step

This distinction matters because denial can have significant consequences.

Depending on the immigration benefit involved and the applicant’s circumstances, a denial could mean losing filing fees, having to submit a new application or petition, facing delays, or needing to determine whether a motion or appeal is available.

The stronger strategy is to identify the evidentiary requirements before filing.

That means reviewing the applicable statute and regulations, current form instructions, and the specific facts that must be established.

Required documents are only part of the analysis. Evidence must also show that the applicant or petitioner meets the eligibility requirements for the requested benefit.

What Does a Strong Initial Filing Look Like?

No universal immigration evidence checklist exists. A family-based petition, employment case, change of status application, and other immigration benefit requests each require different proof.

Before filing, it may be important to ask:

  • Have you included all required forms and initial evidence?
  • Does the documentation establish each eligibility requirement?
  • Are dates, names, addresses, and other facts consistent across the record?
  • Does anything in a prior immigration filing conflict with the current case?
  • Are unusual facts explained and supported rather than left for an officer to question?

More paperwork is not necessarily better. The goal is a complete, coherent record that addresses the legal requirements of the particular case.

Build the Case Before USCIS Reviews It

The August guidance makes front-end preparation more consequential. Waiting for an RFE to identify a weakness may mean waiting for a notice that never comes.

Shobhana Kasturi works with immigration applicants and petitioners in Chicago and across Illinois to evaluate eligibility and supporting evidence before a case reaches USCIS.

Consultations are available in person, by phone, or through Zoom, with both 30-minute and 60-minute appointments available for those who want to identify potential evidentiary problems before filing.

Booking