Knowledge (XXG)

Request for Evidence

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The time within which the response to a RFE must be sent is indicated on the RFE. It generally varies between 30 and 90 days. If no response is received within the time indicated on the RFE, the USCIS will process the application without considering the additional evidence, which in most cases means
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The RFE, when used, should be as clear as possible about what types of additional evidence are needed to fill in the gap, and what inconsistencies or problems have been found in the evidence submitted so far. It is not intended for use for the adjudicator's reassurance in cases where there is enough
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The expected processing time for petitions is generally defined as the time till an approval, denial, RFE, or NOID is issued. Therefore, the time taken while waiting for a response from the petitioner is not counted as part of the processing time. After the petitioner responds, the expected
89:: A RFE comes with a list of additional types of evidence needed. A NOID comes equipped with a list of reasons for denial. While the two lists are somewhat related (insofar as a reason for denial translates to a piece of evidence that could overturn the denial) they have different framings. 54:
The RFE is intended for use in cases where the adjudicator (the person evaluating the petition) believes that there is not enough evidence to approve the petition, but also believes that the petition may be redeemable, and that there is no clear factual or statutory basis for denial.
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evidence to approve the petition. It is sent to, and the response must be sent by, the petitioner (or the attorney representing the petitioner, in cases where the petition is filed through an attorney) rather than the beneficiary.
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The petitioner can "partially respond" by submitting some of the requested evidence. The USCIS will use the partial submission along with the earlier submission to evaluate the petition.
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In cases where the USCIS simply needs answers to a few specific questions (such as a complete translation), it simply issues a Request for Clarification instead of a RFE.
36: 83:: The RFE is issued when there is significant uncertainty about whether the petition will be approved, whereas the NOID is generally used when a denial is quite likely. 174:, the expected processing time to a first response (approval, denial, RFE, or NOID) is 15 days, and the time after receiving a response to the RFE is another 15 days. 314: 226: 285: 256: 394: 158:
When responding to a RFE, the petitioner may attach additional pieces of evidence over and above those explicitly requested in the RFE.
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to petitioners for residency, citizenship, family visas, and employment visas. Examples of petitions for which a RFE may be issued are
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The petitioner can choose not to respond, so a final decision will be based on the original petition. This usually means a denial.
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a denial (because petitions where there was enough evidence to accept should not have RFEs in the first place).
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additional processing time is comparable with the processing time for a complete first application.
379: 388: 17: 95:: The time given to respond to a RFE is generally greater than that for a NOID. 48: 44: 40: 128:
documents supporting claims of exceptional ability or outstanding research
286:"Policy Memorandum: Requests for Evidence and Notices of Intent to Deny" 315:"Adjudicator's Field Manual, Sec. 10.3 General Adjudication Procedures" 112:
RFEs typically request one or more of the following types of evidence:
321:. United States Citizenship & Immigration Services. Archived from 373:
USCIS Policy and Procedural Memoranda on Requests for Evidence (RFE)
295:. United States Citizenship & Immigration Services. 3 June 2013 72:
The following are some key differences between the RFE and the
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The petitioner has only one chance to respond to a RFE,
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The petitioner can submit all the requested evidence.
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periods of current or prior stay in the United States
400:United States Citizenship and Immigration Services 349:United States Citizenship and Immigration Services 264:United States Citizenship and Immigration Services 223:United States Citizenship and Immigration Services 37:United States Citizenship and Immigration Services 345:"How Do I Use the Premium Processing Service?" 8: 251: 249: 247: 210: 208: 206: 204: 154:The petitioner can withdraw the petition. 200: 47:(immigrant worker authorization), and 7: 225:. February 16, 2005. Archived from 25: 162:Relation with processing timeline 125:educational details or evaluation 170:For petitions that request the 43:(alien worker authorization), 1: 395:United States immigration law 35:) is a request issued by the 108:Types of evidence requested 416: 189:Notice of Intent to Revoke 172:Premium Processing Service 116:ability of employer to pay 100:Request for clarification 216:"Interoffice Memorandum" 184:Notice of Intent to Deny 87:Accompanying information 74:Notice of Intent to Deny 63:Related communications 122:prior work experience 93:Time given to respond 68:Differences with NOID 232:on February 20, 2016 81:Likelihood of denial 29:Request for Evidence 18:Request For Evidence 257:"Policy Memorandum" 378:2010-12-12 at the 133:Response protocol 16:(Redirected from 407: 360: 359: 357: 355: 341: 335: 334: 332: 330: 325:on 21 March 2018 311: 305: 304: 302: 300: 290: 282: 276: 275: 273: 271: 261: 253: 242: 241: 239: 237: 231: 220: 212: 51:(family visas). 21: 415: 414: 410: 409: 408: 406: 405: 404: 385: 384: 380:Wayback Machine 369: 364: 363: 353: 351: 343: 342: 338: 328: 326: 313: 312: 308: 298: 296: 288: 284: 283: 279: 269: 267: 259: 255: 254: 245: 235: 233: 229: 218: 214: 213: 202: 197: 180: 164: 135: 110: 102: 70: 65: 23: 22: 15: 12: 11: 5: 413: 411: 403: 402: 397: 387: 386: 383: 382: 368: 367:External links 365: 362: 361: 336: 306: 277: 266:. June 3, 2013 243: 199: 198: 196: 193: 192: 191: 186: 179: 176: 163: 160: 156: 155: 152: 149: 146: 134: 131: 130: 129: 126: 123: 120: 117: 109: 106: 101: 98: 97: 96: 90: 84: 69: 66: 64: 61: 24: 14: 13: 10: 9: 6: 4: 3: 2: 412: 401: 398: 396: 393: 392: 390: 381: 377: 374: 371: 370: 366: 350: 346: 340: 337: 324: 320: 316: 310: 307: 294: 287: 281: 278: 265: 258: 252: 250: 248: 244: 228: 224: 217: 211: 209: 207: 205: 201: 194: 190: 187: 185: 182: 181: 177: 175: 173: 168: 161: 159: 153: 150: 147: 144: 143: 142: 139: 132: 127: 124: 121: 118: 115: 114: 113: 107: 105: 99: 94: 91: 88: 85: 82: 79: 78: 77: 75: 67: 62: 60: 56: 52: 50: 46: 42: 38: 34: 30: 19: 352:. Retrieved 339: 327:. Retrieved 323:the original 318: 309: 297:. Retrieved 292: 280: 268:. Retrieved 234:. Retrieved 227:the original 169: 165: 157: 140: 136: 111: 103: 92: 86: 80: 71: 57: 53: 32: 28: 26: 270:January 16, 236:January 16, 389:Categories 195:References 49:Form I-130 45:Form I-140 41:Form I-129 376:Archived 354:April 4, 329:20 March 299:20 March 178:See also 76:(NOID): 319:USCIS 293:USCIS 289:(PDF) 260:(PDF) 230:(PDF) 219:(PDF) 356:2015 331:2018 301:2018 272:2016 238:2016 33:RFE 391:: 347:. 317:. 291:. 262:. 246:^ 221:. 203:^ 27:A 358:. 333:. 303:. 274:. 240:. 31:( 20:)

Index

Request For Evidence
United States Citizenship and Immigration Services
Form I-129
Form I-140
Form I-130
Notice of Intent to Deny
Premium Processing Service
Notice of Intent to Deny
Notice of Intent to Revoke




"Interoffice Memorandum"
United States Citizenship and Immigration Services
the original



"Policy Memorandum"
United States Citizenship and Immigration Services
"Policy Memorandum: Requests for Evidence and Notices of Intent to Deny"
"Adjudicator's Field Manual, Sec. 10.3 General Adjudication Procedures"
the original
"How Do I Use the Premium Processing Service?"
United States Citizenship and Immigration Services
USCIS Policy and Procedural Memoranda on Requests for Evidence (RFE)
Archived
Wayback Machine
Categories

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