I-601A Requests for Evidence (RFE)

Why was I referred?

Many who have filed an I-601A have gotten an RFE (Request for Evidence). This was not happening for a time and then everyone was getting a boilerplate RFE. This does not mean it will be denied. It does not even mean that you have not supplied enough evidence; it only means that you have gotten an RFE. I and other attorneys have postulated this is related to a problem in training or perhaps a lack of sufficient time given to the Adjudicators to do their work. The fact is it can be an opportunity to build on your strong arguments.

As of the end of 2015 these have decreased significantly, let us hope it remains that way.

Why does it say I did not provide enough hardship evidence?

The form that USCIS sends for the RFE is often complete boilerplate, the same copy of text every other person gets. This is misleading because, as stated above, there is every possibility you DID provide enough evidence. Do not rush to send pages and pages of additional evidence; you may actually hurt your case that way. You need to make sure you provide strong arguments and be sure not to make it more difficult for the adjudicator to find these strong arguments amidst weak ones.

But everyone says I have to file more evidence or I won’t win!

This depends, what did you file in the first place?  Since the beginning of 2013 many people have called me sure they have to file more evidence, however when I review the case it is clear they do not.  All this to say, you may be fine because AN RFE IS NOT A DENIAL.   Again, do not rush to send unhelpful paperwork. If some new hardship appears then that should definitely be submitted but any more evidence on your present hardship needs to actually strengthen your arguments, not muddy the waters.

When will they decide my case?

RFEs can hold up an Adjudication, though it is unclear why. It can take 2 weeks to 2 months or more to decide after hey have the RFE evidence.

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