Receiving a Request for More Evidence (RFE) from USCIS can feel stressful but it doesn’t mean your case will be denied. In fact, many petitions are approved after an RFE, if the response is strategic, complete, and legally persuasive.
Many people retained our legal services after they first filed on their own or through another attorney. At Messersmith Law Firm, we regularly help clients overcome RFEs across EB-1A, NIW, marriage-based green cards, H-1B, I-129, I-539, I-485, I-601, I-612 waivers, and more.
What Is a Request for More Evidence (RFE)?
An RFE means USCIS needs additional proof before they can approve your application. It is not a denial but it must be taken seriously. Your response needs to directly address every issue raised and provide clear documentation to overcome USCIS’s concerns.
Common Reasons USCIS Issues RFEs
RFEs are commonly triggered by:
| RFE Reason | Sample USCIS Concern |
|---|---|
| Insufficient evidence | Missing financial, employment, or identity records |
| Inconsistent information | Discrepancies across forms, I-94, prior visas |
| Weak proof of eligibility | Not enough to meet EB-1A or NIW standards |
| Marriage authenticity doubts | USCIS questions bona fide relationship |
| Status or intent issues | Doubts about lawful status or nonimmigrant intent |
How to Respond to an RFE Successfully
To win your case, your RFE response should include: 1. A well-organized cover letter 2. Stronger evidence & supporting documents 3. Legal argumentation 4.On time submission
RFEs often require more than documents. A strong legal argument with legal reasoning can make the difference between approval and denial. Most RFEs allow 87 days to respond. If you miss the deadline, USCIS will deny your case automatically.
Real Success Stories. Clients Who Came to Us After RFEs
EB-1A Musician — Approved After Weak Initial Filing
A professional pianist filed his EB-1A and received an RFE questioning “major significance” and other criteria his lawyer presented. We secured EB-1A approval in 3 days.
Marriage-Based Green Card — Relationship Questioned
USCIS doubted the marriage was genuine and cited INA 212(a)(6)(C)(i) and marriage fraud. We submitted proof of bona fide relationship and a strong legal argument. NOID withdrawn and green card approved.
B-2 to F-1 Change of Status — Approved after Providing Strong Evidence
A student from South Korea received an RFE claiming lack of financial support. We provided strong evidence and I-539 approved and F-1 status was granted.
Get Legal Help With Your RFE. Before It’s Too Late
An RFE is your last chance to strengthen your immigration case. A weak or incomplete response can result in denial, unlawful presence, or visa refusal. Let us help you respond strategically and professionally the way USCIS expects.
Email us at info@messersmithlaw.com or call us at 305-515-0613 Same-Day Consultations Available