How to respond to a Request for Evidence (RFE)

The pink letter will tell the petitioner when to submit the documents by. Keep in mind that this date is the date by which the USCIS must receive the response. Allow a few extra days to ensure your mail reaches the government offices. In fact, you should mail this important letter with the option of tracking it and keeping a receipt for your records. The USCIS only allows an RFE response if they receive it three days after the deadline, as a grace period. This is listed in the Policy Manual, chapter 6. Despite this grace period, you should avoid being too close to the deadline because if they do not receive the RFE on time your case will be considered abandoned.

The Request for Evidence can ask for a variety of documents. Some RFEs are not negative at all, so you should avoid panicking if you receive one. Although I know that is easier said than done! I received mine and after some anxiety built up I opened it and it was just the request for medical records! In my case, this was good news. It eventually meant that the USCIS had waived my visa interview. Typically, they request you bring your I-693 (medical exam) to your interview appointment. In my case, the RFE was asking me to send it by mail instead.

 

First, do not panic! The pink letter causes a lot of anxiety but, as we discussed above, there are many reasons why you could get one. Remember that not all pink letters are negative.

Second, read the letter carefully. In fact, read it a few times to make sure you understand what the request is. Whenever possible, share the letter with a friend, relative, or colleague to get a second opinion. This will help you make sure you fully comprehend the content of the RFE.

Third, note the deadline listed in the letter. You need to make sure you can produce the evidence USCIS request at least one week in advance. Give plenty of time to shipping to avoid any last-minute disaster!

Fourth, prepare your response.

How to draft a response to a Request for Evidence (RFE)

A real response to RFE example that you can use

Responses to RFEs can be straightforward. Here I provide a sample response letter that you can use as a reference. This is actually the letter I used to reply to a real RFE I received for my case.

First, have your name, and address at the very top, followed by the USCIS address information. You can find this address on the pink letter.

Then list the reason for the response (for example, RE: Oscar LastName I-485, Application to Register Permanent Residence or Adjust Status¨). Next, indicate your full name again, your USCIS number (also called A number), and your receipt number (in my case it started by MSC).

All this basic information will help the USCIS officer quickly understand the reason for your letter. When you are done with this, write the main message of the letter under “To Whom It May Concern”. In this section, you want to indicate to the officer what documents you are enclosing. The first one will be the original pink letter with the RFE you received. Submit the original and not a copy of it! Then list any documentation you are providing as evidence to fulfill the officer’s request.

Finally, write a thank you statement and provide an offer to contact you should they have further questions.

Last but not least, do not forget to print your name at the very bottom and sign your letter with ink.

Proofread, correct and keep a copy for your records

After you are done writing this letter, make sure to read it a few times to detect and correct any mistakes. Additionally, double or triple check you have all the documents that need to be attached. USCIS does not allow multiple responses to RFE. They will only consider the first response you submit, so you want to make sure it is complete.

A good practice is to copy your full response, including a cover letter and attachments. Keep this with the tracking number for the mail as part of your records. This is your evidence that you submitted everything on time.

Common mistakes when responding to RFE

• Not enclosing the original pink letter. This is always written in the Request for Evidence Letter and should not be overlooked.
• Forgetting one or more documents that USCIS asked for. USCIS does not accept more than one response to an RFE. If you forget something in your response, you may be putting your case at risk.
• Mailing the response too close to the deadline. You cannot control what can happen to the shipment, so it is better to submit your response way in advance to avoid surprises or simply to react to incidents.
• Not keeping a full copy of the response. It is always good practice to keep a copy of everything you send to USCIS. Remember that as a general rule USCIS will not return any documents to you.
• Not requesting a tracking number for the response letter. If you have tracking information, you will have proof that USCIS received your response.

References

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