USCIS has made clear that immigration officers have the choice to deny certain applications and petitions without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when the filing does not establish eligibility or required evidence is missing. In other words, applicants can no longer assume that USCIS will always give them another opportunity to fix a weak or incomplete case before issuing a denial. USCIS has specifically emphasized that the burden is on the applicant or petitioner to prove eligibility for the immigration benefit being requested. (USCIS)
That makes receiving an RFE particularly important. If USCIS has given you an opportunity to provide additional evidence instead of simply denying your case, you should treat that opportunity seriously. An RFE response should not be viewed as simply sending USCIS a few additional documents. It should be a carefully prepared response that addresses every concern raised by the officer, provides the strongest available supporting evidence, resolves inconsistencies or weaknesses in the original filing, and, when necessary, explains why the law supports approval of the case.
A poorly prepared or incomplete RFE response can lead directly to a denial. For that reason, although immigrants are permitted to respond to an RFE on their own, this is one stage of the immigration process where professional legal assistance can be especially valuable. An experienced immigration attorney can identify what USCIS is really questioning and build the response around the legal and evidentiary issues that must be overcome.
Receiving a Request for Evidence (RFE) from USCIS does not automatically mean that your immigration case will be denied. It means USCIS believes something is missing, unclear, inconsistent, or insufficient to establish that you qualify for the immigration benefit you requested. But an RFE should be taken very seriously. Under current USCIS rules, you generally have one opportunity to submit your complete response, and a partial response may result in USCIS deciding the case based on the existing record. (USCIS)
If you decide to prepare your RFE response without an attorney, here is a basic structure you should follow.
1. Start With the Deadline
Look at the RFE notice and identify the exact date USCIS must receive your response. Do not assume that every RFE gives you 90 days. USCIS establishes the response period in the notice, and additional time generally cannot be granted. (USCIS)
Do not wait until the deadline to mail your response. Give yourself enough time for document collection, translations, signatures, and delivery.
2. Break the RFE Into Separate Issues – smaller chunks to address from the legal and fact-focused perspective
Do not simply start collecting documents because USCIS gave you a long list of suggested evidence.
Read the RFE carefully and identify every separate problem USCIS is raising. For example, USCIS may be questioning:
- whether you meet a particular legal requirement;
- whether a document is missing;
- whether the evidence you submitted is sufficient;
- whether two documents contain inconsistent information;
- whether your marriage, employment, qualifications, financial sponsorship, immigration status, or other facts have been sufficiently proven.
A useful approach is to number every issue raised by USCIS and answer them one by one, in the same order USCIS raised them. This issue-by-issue method is also recommended in professional RFE-response workflows for immigration attorneys. (Visalaw AI)
3. Determine What USCIS Actually Needs
For each issue, ask yourself:
- What is USCIS saying is missing? What evidence have I already submitted? What additional evidence will actually solve this problem?
Do not simply send hundreds of pages of documents and hope that the immigration officer finds the answer somewhere inside.
If USCIS is asking for proof of a particular fact, identify documents that directly prove that fact. If USCIS is raising a legal problem, submitting additional documents alone may not be enough—you may also need to explain why the immigration law supports your eligibility.
This is one of the places where applicants frequently run into trouble. An RFE can look like a request for documents when the real problem is a complicated legal eligibility issue.
4. Prepare a Detailed RFE Response Letter
Your response should preferably include a cover letter or legal response organized around each USCIS concern.
For each issue:
A. Identify what USCIS requested.
Briefly describe the concern from the RFE.
B. Explain your response.
State why you satisfy the requirement.
C. Identify the supporting evidence.
Refer specifically to the exhibit proving your position.
For example:
Issue 1 – Proof of Bona Fide Marriage
The Applicant submits additional evidence demonstrating that the marriage was entered into in good faith and not for immigration purposes.
Supporting Evidence:
Exhibit A – Joint bank statements
Exhibit B – Joint lease
Exhibit C – Joint insurance records
Exhibit D – Photographs
Exhibit E – Affidavits from friends and family
Then move to Issue 2, and continue until you have responded to every concern in the RFE.
5. Organize and Label Your Evidence
A strong RFE response should be easy for the USCIS officer to review.
Create an exhibit list or table of contents, and clearly label your supporting documents as Exhibit A, Exhibit B, Exhibit C, and so forth. Make sure every exhibit mentioned in your response letter is actually included in the package.
Also review your entire case for consistency. Names, addresses, employment dates, marriage dates, immigration history, income information, and other facts should match the forms and evidence previously submitted. Professional RFE workflows specifically emphasize checking these cross-document inconsistencies before submitting the response. (Visalaw AI)
Foreign-language documents must also generally include a complete English translation and translator certification. (Visalaw AI)
6. Do Not Send a Partial Response Expecting to Send More Later
This is extremely important.
USCIS generally requires the requested RFE materials to be submitted together. Sending part of your evidence now and planning to send additional evidence later can cause USCIS to treat your submission as a request to decide the case based on the incomplete record. (USCIS)
Before sending the response, compare your final package against the RFE line by line and make sure nothing has been overlooked.
Why Hiring an Immigration Attorney for an RFE Can Make a Difference
The most difficult part of answering an RFE is usually not putting documents into an envelope. It is figuring out why USCIS issued the RFE, what legal problem the officer has identified, which evidence actually solves that problem, and how to explain your eligibility under immigration law.
An experienced immigration attorney can review the original filing, identify weaknesses or inconsistencies, determine the applicable legal standard, select the strongest evidence, prepare the legal arguments, and organize the response so that the USCIS officer can clearly see why the case should be approved.
This has become even more important under USCIS policy changed effective August 5, 2026, which give officers broader discretion in certain circumstances to deny cases without first providing an RFE or NOID. When USCIS does give you an opportunity to correct or strengthen your case through an RFE, you should treat that opportunity very carefully.
Let Shepelsky Law Group Handle Your RFE
If you received an RFE, you do not have to figure out the response by yourself. Shepelsky Law Group can review the RFE, analyze your original immigration filing, identify the evidence USCIS is looking for, prepare the legal arguments, organize the supporting documents, and submit a professionally prepared response designed to give your case the strongest possible chance of approval.
Call Shepelsky Law Group at (718) 769-6352 to discuss your RFE and schedule a consultation. You can also book a consultation through our website. Shepelsky Law Group – Book a Consultation
Do not wait until the RFE deadline is approaching. The sooner we review the notice, the more time we have to identify the problem, obtain the right evidence, and build the strongest possible response.