RFE FAQ

• What is an RFE?

RFE stands for "Request For Evidence".

• Why does USCIS issues RFE?

USCIS adjudication officer uses RFEs to request additional information on the pending application under any of the following circumstances: (1) Something is not clear in a case that you have filed; (2) If there is a document missing; (3) the officer needs updated information on your case; (4) the RFE notice was issued by mistake or in error; (5) the RFE letter was issued for any other reasons the adjudication officer likes.

• Does an RFE mean that USCIS is about to deny my case?

Normally not, but it can indicate that they aren't sure about the case.  But no one likes to receive a RFE notice on the pending case.

• How can I avoid an RFE?

Yes, the best way is to get your case prepared and filed properly BEFORE your case is submitted to USCIS. If you are not sure, you should have get your case carefully prepared with the assistance of an experienced lawyer. Your attorney know how to present all information that an adjudicator may need in an easy-to-digest format and get your case aproved. However, there are some RFEs that you cannot avoid.

• Can I simply ignore the RFE request?

You can do so only if you really want your case to be denied.

• How much time do I have to respond to an RFE?

It depends on each case. Usually from 30 days to 90 days. The RFE notices should tell you how long you have.

• How long does the USCIS officer make the decision after receiving the RFE response?

It really depends.  It is difficult to tell.  Xielaw received the approval notices in a couple of days after submitting the RFE responses.  But we also had some cases in which USCIS officer made the decision in several months.  The important issue is the successful result, not the time period you have to wait for.

• What should I do if I think the RFE notice contains "ridiculous" "stupid" requests?

It did happen or exist.  But no matter what is in the notice, you must treat the request seriously and politely respond to the requests in details.  Some applicants or even some lawyers learned a lesson by putting some strong words in the response letter that could ridicule or humiliate the officer.

• What is the CUD on the RFE notice?

It stands something like Call-Up-Date.  It is the date the adjudication officer pulls the case file for adjudication.  If the officer cannot see the requested additional information/documents received by the date, she/he most likely will denies the case.  Under very rare circumstances the officer issues another RFE notices.

• Is RFE the same thing as NID (Notice of Intent to Deny)?

No, they are two different but closely related.  If the USCIS adjudication officer has already pretty much decided (made his/her mind) on your pending application not in favor of your, they normally send you an NID (Notice of Intent to Deny) instead of an RFE. This is basically a last-chance opportunity to fix your case and convince them that they should not deny it.

• Does your office handle RFE responses?

Yes!  We carefully prepare any RFE request USCIS issued on the applications submitted by this office.  Moreover we also provide consultation, evaluation and/or preparation of the RFE responses for any cases that were not originally  prepared and filed by this law office.  However we charge some fees for consultation, evaluation and/or preparation of the RFE responses on these cases prepared and filed by the applicants or other attorneys.

• How much do you charge for handling RFE response?

We DO NOT charge any extra attorney's fee on the RFEs USCIS issues on the cases that were prepared and filed by this office.  For the RFE responses on these cases prepared and filed by other attorneys, Attorney Xie encourages you to FIRST contact your own attorney for assistance.  Our fees on consultation, evaluation and/or preparation of the RFE responses on these cases prepared and filed by the applicants or other attorneys will depend on the difficulty level of the RFE request.  For these who are interested in our RFE service, please email a copy of the full RFE request to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Attorney Xie will evaluate your case and inform you whether we can help you on the RFE and how much it will cost.