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Requests for Evidence (RFEs)

Requests for Evidence (RFEs) Attorney Serving South Florida

Have You Received an RFE From The U. S. Citizenship and Immigration Services?

In seeking immigration benefits, such as a green card, you may have received a document from the U.S. Citizenship and Immigration Services (USCIS) called a Request for Evidence, Form I-79E. This may seem alarming at first but it is not a cause for panic. That is because it does not mean that a denial of your application is imminent. It is merely a request from the immigration official deciding your case for additional documentation. It is usually sent because something in your original application was missing, insufficient, incomplete, or incorrect.

At The Gaston Law Firm, P.A., we have seen countless RFEs throughout our work as an immigration law practice. These Requests are sent frequently and for nearly every possible type of immigration case. They are not unusual but they are serious matters. Our legal team can ensure that your RFE is handled professionally, that the requested documentation is submitted promptly and properly to help avoid any further delays in the adjudication of your case. Immigration law and procedure is a primary focus of our practice which means we have deep familiarity with all aspects of dealing with the USCIS.


Get competent legal help from a South Florida Request for Evidence lawyer by calling (888) 388-6859 or contacting us through our online request form today.


Further Information About Requests for Evidence

You will generally have 30 to 90 days to respond to an RFE. It is vitally important that you respond within that timeframe. If you fail to do so, the USCIS will likely believe that you have abandoned your application which will result in a denial of your application and the end of your case. Alternatively, the USCIS may go ahead and make a decision about your case without your response which will, once again, likely lead to a denial.

In your response, it is essential that you submit all of the documentation that was requested and submit it all in the same mailing. If, for some reason, you can locate certain requested evidence or documentation, it is better to submit whatever you have in a partial response along with a detailed and legally sufficient explanation of how you tried to locate the missing evidence and why it could not be submitted at all or on time. This may hold true in cases where records are only kept for a certain length of time and then purged. An explanation of this from the agency that kept the records could be most helpful in keeping your application alive with the USCIS. Still, if acceptable secondary evidence is not submitted tight he explanation, the case might still be denied. It is crucial that the explanation and the secondary evidence meet the legal standards required for an approval immigration filing.

In some instances, you may receive an RFE that requests documentation that you have already submitted correctly or request something that has nothing to do with your particular case. In the case of asking for previously submitted documentation, you can re-submit this. However, before doing so, you must be certain that the evidence is complete and precisely the evidence being requested. Resubmitting incomplete or inaccurate evidence can trigger a denial decision. In the case of requests for information that is not related to your case, our attorneys can address this issue with references to the pertinent laws that apply showing how the requested information does not pertain to your application.

In submitting any documentation that is written in a foreign language, it is necessary to provide the USCIS with certified translations. Overall, it is best to provide documentation and evidence that is thorough, well-organized, substantial, and easy to find making the job of your adjudicator as unproblematic as possible.

Get the Help You Need From a Qualified Legal Professional 

To ensure no further delays or other problems with your case, it is in your best interests to engage the services of an experienced immigration lawyer in handling your RFE and the entire immigration process. You will increase your chances of success with someone who knows what to do, how to do it, and who understands U.S. immigration law. At The Gaston Law Firm, P.A., we have helped countless individuals achieve their immigration goals and dreams throughout the greater South Florida region.


Reach out to us at (888) 388-6859 or schedule a consultation with one of our attorneys through our online form today.


What Makes Us Different

  • Award-Winning Representation
    We are members of the American Immigration Lawyers Association and have achieved a perfect 10.0 Superb rating on Avvo!
  • Specialized Experience
    We have an intimate knowledge of immigration laws and process, and our lead attorney has experience as a former prosecutor.
  • Honest & Ethical Counsel
    We stay openly connected to our clients throughout the process, and provide personalized strategies and proactive representation.

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FAQ

Common Answers To Your Questions


  • I’m a foreign national studying in the U.S., can I stay within the country following graduation?
    To stay in the country following graduation, a student will need to obtain an H-1B temporary worker visa. Typically, graduates who work in a specialty field (such as a medical professional or engineer) will be able to obtain this visa with ease. To ensure that this process moves smoothly, it is recommended that students apply for this visa as early as possible to avoid penalties.
  • Can I become a citizen after I am granted permanent residency?
    Yes! If you live in the country for five years as a permanent resident, you will be able to obtain citizenship through naturalization. To be eligible for this, however, you must have been physically living in the country for at least half of those five years – and must not have left for a time period longer than six months.
  • I am looking to adopt a foreign child – how can I make the process as fast as possible?
    For those who are looking into adoption, but have yet to identify the child that they are interested in adopting, it is recommended that they file an Application for Advance Processing of Orphan Petition. This will allow for the portion relating to the approval of the parents to be completed by the time the child is chosen so that the adoption process can be expedited.
  • If I become a citizen, what are the privileges that I will experience?
    There are three primary privileges that citizens can experience. These include being able to vote in local, state and national elections; having the ability to obtain a passport; and sponsoring relatives in their efforts to become a permanent resident.