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Request for Evidence (RFE) – I-140 RFE – I-485 RFE

Request for Evidence

USCIS RFE - Request for Evidence

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Request for Evidence (RFE)

Request for Evidence (RFE) Details

A request for evidence or RFE is a formal request from USCIS to provide further documentation for a pending application for an immigration benefit.  Failure to file a timely and complete response can result in a denial of the application.

Does receiving an RFE mean the application will be denied?

Absolutely not.  A well crafted response that addresses each specific point made by the USCIS will result in the application being approved.

How much time is given to respond to the RFE?

Prior to June 16, 2007, the USCIS gave applicants 87 days to file a response.  Since then, however, the USCIS has adopted a “flexible response time” policy which empowers the adjudicating officer to give as little as 30 days to provide a response.

After the response is filed, when will the USCIS issue a decision?

Typically the decision will come quickly after the response is filed but it will depend on the complexity of the RFE and the normal processing time line for the type of filing.  It can be as little as one week but is normally concluded in less than three months.

USCIS Memo Relating to RFE

DateTitleDetails
June 3, 2013Requests for Evidence and Notices of Intent to DenyThe purpose of this policy memorandum is to clarify the role of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in the adjudication of petitions, applications, and other requests.

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