Got a request for evidence from USCIS? Here’s what it means.
A USCIS request for evidence is not a denial. Here’s what it asks for, how long you have to answer, and how to send one complete RFE response.
Mimi PhanCo-founder and CTO
- 19 sources
- 12 min read
The short answer
A request for evidence (RFE) is USCIS asking for more documents or proof before it decides your case. It is not a denial 15. The notice states your deadline: never more than 12 weeks, and USCIS can’t give more time 1. You can send everything together, send part and ask for a decision, or withdraw 1. If you don’t respond, USCIS may deny the case 1.
Key points
- An RFE asks for more evidence. It is not a decision on your case.
- The deadline is printed on the notice. It can be as long as 12 weeks, it can be shorter, and USCIS can’t grant more time.
- Everything goes in together, with the notice on top. Sending only part is treated as a request for a decision.
What is a request for evidence?
A , or RFE, is a notice saying USCIS needs more documents or other proof before it can decide your petition or application. It arrives on a Form I-797E 78. In plain terms, your supporting evidence doesn’t yet show you’re eligible, or USCIS needs more information 35.
USCIS says it may send one if you left out required evidence, if evidence you sent is no longer valid, or if the USCIS officer needs more information to determine eligibility 5.
An RFE is not a denial. The rules list asking for more evidence as a separate option from denying the case 1.
USCIS doesn’t have to send an RFE first. If required is missing, it can deny without one 34.
You may also see a “request for initial evidence,” a phrase the regulation itself uses. It is an RFE asking for the initial evidence your form required when you filed 1.
Every RFE says which kind it asks for, initial or additional, and the deadline rules are the same for both 13. If your online case status says a request was sent, here is what that line means.
What does a USCIS RFE notice say?
USCIS sends an RFE by mail or electronically. It has to say what type of evidence is needed and give a deadline 1. The RFE notice also names any missing evidence or documentation that the statute, regulation or form instructions require 3.
In a notice USCIS has released, the deadline and sending instructions are on the first page. The list of what USCIS needs is on an attached sheet 8.
What counts as sufficient evidence for an RFE?
The burden of proof is yours. As the person who filed, you have to show you qualify. It never shifts to USCIS 15.
For most petitions and applications, the test is the . Your relevant, credible evidence has to make your claim more likely true than not 15.
A USCIS officer checks each piece of evidence for relevance, how much it proves and how believable it is. The officer then weighs all of it together 3.
The Policy Manual describes several ways evidence can fall short 3:
- Missing documents in your initial submission. The statute, regulation or form instructions say what has to come with the filing.
- A document that doesn’t fully prove eligibility or raises new questions. USCIS may then ask for additional documents or information.
- Two pieces of evidence that disagree. You are expected to settle the conflict with independent, objective evidence.
- A record issued or registered long after the event. It may carry less weight than a record made at the time.
How long do you have to respond to an RFE?
The notice states your deadline. An RFE can give you no more than 12 weeks (84 days), and USCIS may not grant more time 13.
Officers don’t have to use all 12 weeks, so your notice may give you less 4.
- Day 0
The notice is issued
A mailed notice counts as delivered the day USCIS mails it 2.
- Day 84
The longest response period ends
USCIS can set a shorter one. For some forms the longest is 30 days.
- Day 87
The latest a mailed notice allows
Mail adds 3 days, so a response can arrive up to 87 days after the notice was mailed. After that, USCIS decides on the file it has.
Use the date printed on your notice. If the last day lands on a weekend or federal holiday, a mailed response received the next business day is on time 3.
Some forms have shorter limits. Forms I-539 and I-601A have a 30-day maximum, and naturalization applicants generally get 30 days 311. Asylum and refugee cases follow different rules 3.
A mailed notice adds 3 days 2. USCIS’s pages don’t say whether the printed date already counts them, so plan around the printed date.
USCIS no longer adds 14 extra days for notices mailed outside the United States. Only the 3 mailing days apply 4.
Online, USCIS counts the day you submit, even on a weekend or holiday. By mail, it measures timeliness by when it receives your response 3.
What are your choices?
Before the deadline, you can do one of three things 13.
| If you… | What happens |
|---|---|
| Send a complete response | USCIS considers everything you sent, then decides your case |
| Send a partial response | USCIS treats it as a request for a decision on what’s in your file. It doesn’t wait for the rest |
| Withdraw the petition or application | The case closes. A withdrawal can’t be taken back, and trying again means a new filing with a new fee |
Send all your documents at one time, with the original notice. Sending only some of it counts as asking for a 1.
New evidence has to show your eligibility on the day you filed. USCIS denies the petition or application when it doesn’t 13.
If a required document doesn’t exist, you can show that and send secondary evidence, such as church or school records 1. If that is unavailable too, they call for two or more sworn statements from people who know the facts 1.
What documents can you send to answer an RFE?
Send the requested documents and evidence the notice lists. It may also give examples of other evidence you can use 3. Your form instructions say whether to send originals or photocopies 1.
| Kind | What it is | Example |
|---|---|---|
| Primary evidence | Issued by the authority with direct knowledge of the fact | A court-issued divorce decree, or a government-issued birth certificate |
| Secondary evidence | Points to the fact but doesn’t come from that authority. Generally accepted only when primary evidence doesn’t exist or can’t be obtained | A religious organization’s record of a divorce, or a baptismal certificate for a birth |
| Affidavit | A sworn statement from someone with direct personal knowledge. Generally accepted only when neither primary nor secondary evidence is available | Statements from two or more people who aren’t parties to the case |
Secondary evidence and affidavits are the alternative evidence for a record you can’t get. First show the record doesn’t exist, with an original written statement on government letterhead from the relevant authority, saying why and whether similar records are available 1. If you can’t get that statement, you can send proof of repeated good-faith attempts, though USCIS may still require it where such statements are generally available 1.
For a sponsor’s income documents, see the I-864 RFE guide.
How is an RFE different from a notice of intent to deny?
A , or NOID, is a separate notice. It says USCIS plans to deny and explains why 13. It names the eligibility requirement not yet met and why the evidence you sent is insufficient 3. The same three choices apply 3.
Request for evidence
- What it says
- USCIS needs more evidence to decide
- Longest response time
- 12 weeks, or 30 days for some forms
- Extra days if mailed
- 3
- More time?
- No
Notice of intent to deny
- What it says
- USCIS plans to deny, and explains why
- Longest response time
- 30 days
- Extra days if mailed
- 3
- More time?
- No
How do you send your RFE response?
Your notice says where and how. If your case is in your USCIS online account, USCIS notifies you by text or email, and you respond there 6.
Online, each file can be up to 12MB, generally a PDF or JPG, with no password. Foreign-language documents need a certified English translation 6.
By mail, put the notice on top and send all your documents to the address printed on it 18. A USCIS draft template also lists an index with tabs and clear copies 13. For help with the cover letter, see what to include in an RFE response cover letter.
If you have a representative, USCIS sends notices to both of you 1.
If a notice never arrives, check Case Status Online first. If USCIS issued it and you didn’t get it, you can send an e-Request 12.
What happens after you send your RFE response?
USCIS reviews your RFE response with the rest of your file. If the evidence establishes eligibility, USCIS approves the request. If the record shows you’re ineligible, it denies it. Where approval is discretionary, the evidence must also support that 1.
If your response raises new questions, USCIS may send a follow-up RFE or a notice of intent to deny asking for more information 3.
An RFE can pause the clock. Where the rules set a time limit for USCIS to process a case, a request for additional evidence suspends it until USCIS receives your response. A request for missing initial evidence restarts it from the date USCIS receives that evidence 1.
If USCIS denies the case, Form I-290B is the form for most appeals and motions. In most cases it is due within 30 calendar days of the decision, or 33 if USCIS mailed it. Whether you can appeal or only file a motion depends on the form you filed, and some appeals, such as for Form I-130, go to the Board of Immigration Appeals instead 16.
The count starts on the date USCIS mailed the decision, not the date you received it 16.
A denial for abandonment, which can follow a missed deadline, can’t be appealed. You can file a motion to reopen, or a new request with a new fee 1. For what your online case status says once USCIS has your response, see the case status guide.
Do you need an immigration lawyer for an RFE?
No. USCIS says you can file forms and represent yourself 10.
You may want help if you’re not sure which documents answer the notice, or you’d like someone to deal with USCIS for you. USCIS says a representative can advise you on the evidence to submit, help fill out forms, and communicate with USCIS about your case 9.
The deadline can’t be extended 1, so if you want an immigration lawyer to help with your RFE response, ask early. Here’s what to bring to a first consultation. You can change or drop a representative at any time 9.
Only an attorney in good standing, an of a Department of Justice recognized organization, or a supervised law student or graduate can represent you before USCIS 9.
A notario público in the U.S. is a notary, not an attorney, and can’t represent you. Other helpers can give limited help with forms, but not legal advice 9.
For free or low-cost help, USCIS points to the Department of Justice’s lists of low-cost attorneys and accredited representatives 9. It also points to the American Bar Association’s guide to finding an attorney in your state 9.
Before you hire an immigration attorney, USCIS says to check the license with the state agency 9.
USCIS lists these warning signs: offers to speed up your case for money, promises of a quick benefit, and requests to send money to a person instead of paying through your online account 10.
What can you do this week?
0 of 5 done
Find your deadline
It’s printed on the notice. Mark it where you’ll see it. USCIS can’t give more time 1.
Match each request to a document
Note the documentation you already sent and the missing evidence you still need. If something doesn’t exist, the rules allow secondary evidence with an explanation 1.
Check who is helping you
Only an attorney or accredited representative can represent you. A notario can’t 9.
Talk it through with Scribe
Tell Scribe what your notice says. It helps you understand your options in plain English and writes a summary you can share with a lawyer. It can’t represent you. Talking with Scribe is free.
Talk to Scribe for freeScribe is an AI assistant, not a lawyer. AI can make mistakes. Check important details, and talk to a lawyer before you act.
Common questions
Does an RFE mean my case will be denied?
No. An RFE asks for more evidence, and it isn’t a decision. If you don’t respond by the deadline, though, USCIS may deny the case 13.
What is a request for initial evidence?
It is a kind of RFE. It asks for initial evidence your form’s rules say you must send when you file 13. If you sent that but it doesn’t fully show you’re eligible, USCIS asks for additional evidence instead 3. USCIS posts an optional checklist of required initial evidence for Form I-485 14.
Can I ask USCIS for more time?
No. The regulation says additional time to respond to an RFE may not be granted 1.
Could USCIS send a second RFE?
It can. If your response raises new questions, USCIS may send a follow-up RFE or a notice of intent to deny 3.
Do I need a lawyer to respond?
No. USCIS says you can represent yourself. If you want someone to represent you, it has to be an attorney or accredited representative 910.
Is an RFE for Form I-485, H-1B or OPT different?
The Policy Manual sets a 30-day maximum for RFEs on Forms I-539 and I-601A and 84 days for every other form, unless a regulation fixes a different time, as it does for naturalization 311. Form I-485 (a green card application), Form I-129 (the petition behind an H-1B) and Form I-765 (the work permit application OPT uses) aren’t on the 30-day list 3171819. Your notice states your own deadline, so read every page.
Can I avoid an RFE?
Not always. For Form I-485, USCIS says submitting all required initial evidence and supporting documentation with the filing may eliminate the need for an RFE, and it posts an optional checklist 1417. Even then, USCIS may ask for more if it finds the evidence doesn’t fully establish eligibility 35.
Sources
- 8 CFR 103.2 — Submission and adjudication of benefit requests · Electronic Code of Federal Regulations
- 8 CFR 103.8 — Service of decisions and other notices · Electronic Code of Federal Regulations
- USCIS Policy Manual, Volume 1, Part E, Chapter 6 — Evidence · U.S. Citizenship and Immigration Services
- Policy Alert PA-2026-05: Evidence, Requests for Evidence, and Notices of Intent to Deny · U.S. Citizenship and Immigration Services
- Request for Evidence (RFE) · U.S. Citizenship and Immigration Services
- Online Filing Options · U.S. Citizenship and Immigration Services
- Form I-797: Types and Functions · U.S. Citizenship and Immigration Services
- A Form I-797E request for evidence released by USCIS (FOIA reading room) · U.S. Citizenship and Immigration Services
- Legal Services · U.S. Citizenship and Immigration Services
- Avoid Scams · U.S. Citizenship and Immigration Services
- 8 CFR 335.7 — Failure to prosecute application after initial examination · Electronic Code of Federal Regulations
- e-Request: Non-Delivery of Notice · U.S. Citizenship and Immigration Services
- Draft RFE template for comment (Form I-140, E13), General Reminders section · U.S. Citizenship and Immigration Services
- Checklist of Required Initial Evidence for Form I-485 (for informational purposes only) · U.S. Citizenship and Immigration Services
- USCIS Policy Manual, Volume 1, Part E, Chapter 4 — Burden and Standards of Proof · U.S. Citizenship and Immigration Services
- I-290B, Notice of Appeal or Motion · U.S. Citizenship and Immigration Services
- I-485, Application to Register Permanent Residence or Adjust Status · U.S. Citizenship and Immigration Services
- H-1B Specialty Occupations · U.S. Citizenship and Immigration Services
- Optional Practical Training (OPT) for F-1 Students · U.S. Citizenship and Immigration Services
Mimi leads Scribe’s engineering. She started with a NASA Langley apprenticeship and spent 21 years at Northrop Grumman before five years leading startup engineering.
Scribe is an AI assistant, not a lawyer. A conversation does not create an attorney-client relationship. This article is general information, not legal advice.
request for evidence
A USCIS notice asking for more proof before it decides your case. It’s often called an RFE 15.
initial evidence
The evidence the form’s rules say you must send when you file 3.
decision on the record
A decision based only on what’s already in your file, without waiting for more evidence 1.
abandoned
A label USCIS can use when you don’t respond by the deadline. The notice warns the case will be considered abandoned and denied 18.
notice of intent to deny
A USCIS notice saying it plans to deny your case and explaining why. It’s often called a NOID 1.
accredited representative
A person accredited by the Department of Justice to give immigration help while working for a recognized organization 9.
preponderance of the evidence
The usual standard of proof in USCIS cases. Your evidence must show your claim is more likely true than not 15.
Related guides
All writingImmigration
“Request for Additional Evidence Was Sent”: what it means
Your USCIS case status says a request for evidence was sent. Here is what the line means, what information it leaves out, and what to do next.
Matthew LaCrosse · 12 min readImmigration
RFE response cover letter: what to include (with sample)
No rule we found requires a cover letter with an RFE response, but a good one helps. See what goes in it, a sample, and how to pack the response.
Matthew LaCrosse · 6 min read