Hi, everyone. In this video, I'd like to discuss with you what are Requests for Evidence and
what you should do if you receive one. We know that's a pretty hot topic for individuals who
are just starting out on their case and also for individuals who are in the process.
How do I avoid a request for evidence and if I get one, what do I do? Before I dive into that
topic, I'd like to quickly introduce myself and our firm. For those of you who are new to our channel,
My name is Attorney Megan Pastrana from Corado-Pastrana, the immigration firm for couples.
We are dedicated exclusively to assisting couples in navigating the immigration process.
If you haven't already subscribed to our YouTube channel, please do so now. We regularly
post updates so you have educational information and updates about what is going on in the world of
immigration as it relates to couples. We also have a Facebook group, Immigration for Couples.
The link is listed below. Last but not least, if you like this video and the information that I'm
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Let's talk about Requests for Evidence, also known as an RFE.
A request from immigration for more evidence, for more documents, for more information.
USCIS will send a document if they need more information titled, Request for Evidence.
If you are starting out in your immigration journey or if you're already in
your immigration journey, you've probably heard of RFEs or Requests for Evidence.
How do I avoid them? What do I do if I receive one?
First off, a Request for Evidence is not a denial from immigration. They just are
looking to obtain more documents and information from you so they can make a decision on your case.
It's always best to do everything possible to avoid a Request for Evidence. But if you receive
one, the first thing you do: don't panic. Take a deep breath. We know that it's stressful to receive a
document like that from immigration but just take a deep breath. If you receive one, the first thing
you'll want to do is you'll want to read through it. Sometimes there's a lot of information and you
might be overwhelmed by receiving that Request for Evidence. We highly recommend you read through
it a few times to make sure you're understanding exactly what immigration needs. They sometimes will
request one thing or they might request multiple documents in the Request for Evidence. So pay
very close attention. Read it very closely and find out exactly what it is that they are asking for.
Also be sure to pay attention to the deadline. Requests for Evidence have a deadline.
Immigration will say you have 30 days or 60 days. They'll give you a certain amount of time to respond
and they'll put in a date on that Request for Evidence when the documents need to be received
by immigration. Pay very close attention to that date. Make sure you calendar that date.
A good rule of thumb is to make sure you're responding as quickly as possible.
Also that you don't mail it any later than a week before. That's usually the best rule
of thumb because it's important to understand that date is when immigration has to receive
the response. Not a postmark date. Pay very close attention to that date.
Once you've read through it, once you're clear on what they're needing
what immigration is requesting and once you have that date calendared, the next
thing you'll want to do is determine whether or not the Request for Evidence is a complex one
or if it's a simple request. What I mean by that is immigration will sometimes send a
simple RFE request. By that, I mean they're needing one thing
or something minor like passport photos. Maybe you didn't submit them, you forgot,
you didn't submit enough. That's an example of a simple Request for Evidence.
There can also be a complex Request for Evidence. That's typically the one that causes a lot
of anxiety and that people are worried about receiving. A complex Request for Evidence
is basically anytime immigration is asking you to prove something.
Our firm is dedicated exclusively to assisting couples and so an
example of a complex Request for Evidence would be immigration asking you to prove your relationship.
Asking you for more bona fide relationship evidence. More evidence that your relationship
is based on love and not to receive an immigration benefit.
That would be a complex RFE because whenever immigration is asking
you to prove something that means immigration is using something called discretion. That means
that they are weighing positive and negative factors in your case to arrive at a decision.
That somebody is going to review all of that evidence and they are going to make a decision
about whether or not they believe you have a real relationship. That would be a complex request.
With a complex request, you would definitely want to make sure that you get
legal advice or counsel from an immigration attorney to make sure you're responding
properly. Because if you submit documents to immigration or you respond to that and
you don't make a strong argument, then you are at risk for immigration deciding to deny your case.
If you get a simple Request for Evidence, something like passport photos, you could easily
respond to that on your own. If you're not clear on what the Request for Evidence is asking, it's
also good to have an attorney help you to decide what it is exactly immigration needs. But if
you do get a complex request, it is definitely our advice to have an immigration attorney help you to
make sure that you have enough evidence to prove exactly what it is that immigration is looking for.
Because we know the immigration process is long. It's stressful and you don't
want to lose all the progress you've made. If immigration sends you a complex request
be sure that you are very clear on what they're asking and if you need help, don't be afraid to ask.
You don't want to put your case at risk of being denied.
Another thing I want to mention about Requests for Evidence is that immigration is
notorious for asking for things that you may have already provided in your application. One of the
most common ones that we see is with fiancé visa applications, immigration will ask for more proof
that you have met in person within the two years prior to filing the application. We see that
a lot. We've seen many individuals who've actually submitted evidence that they have
met in person but immigration asks for it again. If you get something like that, it might
seem a little confusing. I already submitted evidence. A good tip would be
highlight the evidence that you've submitted. Submit that again and then provide additional
documentation to show immigration that you meet that requirement. I know that was
a lot of information about Requests for Evidence but I hope that gave you clarity about what
exactly they are and the steps that you should take to make sure that you are properly responding
and dealing with that Request for Evidence. Thanks for watching. Have a great day.