An RFE, or Request for Evidence, is a request made by the United States Citizenship and Immigration Services (USCIS) for additional information or documentation regarding an application for immigration benefits. An RFE is issued when the USCIS needs more information to determine whether an applicant is eligible for the immigration benefit being sought.
An RFE, or Request for Evidence, can be issued in response to a variety of different immigration petitions, including petitions for:
Nonimmigrant visas, such as H-1B visas for specialty occupations, L-1 visas for intracompany transfers, and F-1 visas for students.
Adjustment of status, which is the process of applying for a green card while in the United States.
Naturalization, which is the process of applying for U.S. citizenship.
Asylum, which is a form of protection for individuals who have been persecuted or fear persecution in their home countries.
Other immigration benefits, such as DACA (Deferred Action for Childhood Arrivals) and TPS (Temporary Protected Status).
In general, an RFE may be issued if the USCIS needs additional information or documentation to determine whether an applicant is eligible for the immigration benefit being sought.
If you receive an RFE, it is important to carefully review the request and gather any additional information or documentation that is requested. You should respond to the RFE as soon as possible, as the USCIS will not make a decision on your application until it has received all of the required information.
Here are some general steps to follow if you receive an RFE:
Read the RFE carefully to understand what information or documentation the USCIS is requesting.
Gather any additional information or documentation that is requested. If you are unable to provide the requested information, you should explain why.
Respond to the RFE within the time frame specified in the request. It is important to respond to the RFE on time, as failing to do so may result in the denial of your application.
Make copies of all documents that you submit in response to the RFE and keep the copies for your records.
Submit your response to the address specified in the RFE. If you are responding by mail, it is recommended that you use a method of delivery that provides tracking, such as certified mail.
It is also recommended that you seek the advice of a knowledgeable immigration specialist to help you understand the RFE and ensure that you provide the necessary information to the USCIS.
At USA Immigration Company, we can assist you with explaining what your RFE means, what steps to take to respond and even in drafting a powerful response. You can request our RFE services here.
Many people believe that marriage to a U.S. citizen or green card holder is the simplest route for a foreign national to become a permanent resident of the U.S. To encourage family togetherness, the U.S. allows U.S. citizens and permanent residents to sponsor their spouses and other family members for U.S. Green Cards. If you are a foreign national and marry a U.S. citizen or a permanent resident, you will be eligible for a US Green Card. This applies to both domestic and international marriages.
To qualify, however, you must demonstrate that you and your U.S. citizen or permanent resident spouse are legally married and that your marriage is real. Similarly, you must demonstrate that neither you nor your spouse are married to anyone else.
Your marriage cannot be a fake marriage, and you cannot have married for immigration purposes. Citizens and permanent residents of the United States can marry foreign nationals both in the United States and overseas. People who marry US citizens, initially granted two-year Green Cards with conditions on their residence, and when those cards are about to expire, conditional residents, along with their U.S. citizen or permanent residents’ spouses, must jointly file applications to have the conditions removed, by filing Form I-751, Petition to Remove the Conditions of Residence, to obtain permanent resident cards valid for ten years.
If you are married to a U.S. citizen or permanent resident, your spouse must file Form I-130, Petition for Alien Relative, on your behalf in order for you to be sponsored. Immigrant petitions filed by U.S. residents on behalf of their direct relatives are typically processed by USCIS in about two months. After the USCIS authorizes your spouse’s Form I-130, you may petition for an immigrant visa in your native country.
You can go to the United States as a permanent resident if your petition is approved and you receive an immigrant visa. Immigrant visas will be issued promptly to the immediate relatives of U.S. citizens, and you will not be placed on a waiting list. As a result, you will be awarded a visa as soon as your petition is approved.
You can simultaneously file Form I-485, Application to Register Permanent Residence or Adjust Status, for status adjustment and permanent residency if you are in the country when your U.S. citizen spouse files Form I-130 on your behalf.
If you marry a U.S. citizenwhile you are in the country on a non-immigrant visa, when your spouse files Form I-130 on your behalf, you can change your status to that of a permanent resident by filing Form I-485. In this situation, returning home to apply for an immigrant visa and going through consular processing are not necessary. You will receive a conditional, two-year Green Card upon the approval of your petition.
Forms that must be submitted along with Form I-130 and Form I-485 are:
From I-130A, Supplemental Information for a Spouse Beneficiary
Form I-693, Medical Examination by a certified civil surgeon
Form I-765, Application for Employment Authorization (if needed)
Form I-131, Application for a Travel Document (if needed)
You must submit these USCIS documents together with:
copies of your and your spouse’s birth certificates
copies of your passport copies of your spouse’s naturalization certificate, passport, or US citizenship certificate Form G-325A (one for you and one for your US citizen spouse)
copy of your divorce decree and marriage certificate (if any)
Your U.S. citizen spouse must first submit Form I-130 on your behalf if you get married to a U.S. citizen abroad. Before obtaining an immigrant visa, you cannot enter America. However, as soon as the USCIS approves the Form I-130 submitted by your U.S. citizen spouse, you can apply right away for an immigrant visa. After your U.S. citizen spouse submits Form I-130 and the USCIS approves it, the petition is sent to the U.S. Consulate or Embassy in your native country. You will need to apply for an immigrant visa in person at the relevant embassy or consulate.
Since there won’t be a waiting list for direct family members of U.S. citizens, you won’t have to wait long to get a visa and will get one as soon as your petition is approved. The necessary fees must be paid, and your petition must be submitted with the aforementioned supporting documentation. You will be informed by the National Visa Centerwhen your petition for an immigrant visa has been granted, and you will then need to show up for a medical test and fingerprints. An immigration visa will then be granted after an interview. You are able to visit America with this visa and obtain a Green Card there. You will only receive a two-year Green Card, so keep that in mind.
It’s important to keep in mind that a conditional Green Card is only good for two years and cannot be renewed. You must submit a petition to have the restrictions on your card lifted by the conclusion of the two-year period, and you and your spouse who is a U.S. citizen must file Form I-751 in order to do so. You will lose your status in America and be deported if you neglect to submit this form before the expiration of your conditional status.
After submitting this petition, you will need to attend an interview with your spouse to confirm that you are still legally married to your U.S. citizen spouse. The immigration officers will approve your petition and provide you an unconditional Green Card with a ten-year validity period if they find that your marriage is sincere. You must include copies of your conditional Green Card and documentary proof that you did not get married for immigration reasons when you file Form I-751, such as joint bank accounts, insurance papers, birth certificates of your children, joint utility bills, or other pertinent documents to
If your spouse is a permanent resident and submits Form I-130 on your behalf, you cannot file an application for adjustment of status. Prior to submitting Form I-485, you must wait until your priority date becomes current.
Forms that must be filed:
Form I-130, Petition for Alien Relative
Form I-485, Application to Register Permanent Residence
Form G-325, Biographic Information (for both the petitioner and the beneficiary)
Form I-864, Affidavit of Support
A copy Form I-94 to prove that you entered into America legally
A copy of the petitioner’s alien registration card (Green Card)
Form I-693, Medical Examination Results
A certified copy of the marriage certification
Copies of your birth certificate and your spouse’s
Form I-765, Application for Employment Authorization (if needed)
Form I-131, Application for a Travel Document (if needed)
It’s possible that until the priority date becomes current, you won’t be permitted to stay in the country lawfully. You must get a non-immigrant visa if you need to remain in the United States before submitting Form I-485 in order to do so legally.
After submitting Form, I-485, you can apply for adjustment of status soon after the priority date becomes current and can stay in the country legally.
Keep in mind that you will be subject to removal procedures if your non-immigrant visa expires before your priority date becomes current. You must thus apply for a student visa or another type of non-immigrant visa that will allow you to stay in the country while you change your status. Keep in mind that the priority date may not become current for three years or more.
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Working in US temporarily, requires obtaining a work visa. There are several different types of work visas, each of which has its own requirements and restrictions.
The most common type of work visa is the H-1B visa for temporary workers in specialty occupations. To be eligible for an H-1B visa, you must have a job offer from a U.S. employer and have at least a bachelor’s degree or equivalent experience in your field. The H-1B visa allows you to work in the United States for up to six years and can be renewed in certain circumstances.
Other types of visas for working in US include the H-2B visa for temporary non-agricultural workers, the L-1 visa for intracompany transferees, and the E-3 visa for Australian citizens. Each of these visas has specific requirements and restrictions, and you must demonstrate that you are eligible for the visa based on the nature of your work and your qualifications.
In order to apply for a work visa, you must first have a job offer from a U.S. employer. The employer must file a petition I-129 on your behalf with U.S. Citizenship and Immigration Services (USCIS), including evidence of the job offer and your qualifications.
Once the petition is approved by USCIS, you can complete the visa application process, which includes an interview at a U.S. embassy or consulate abroad. You will need to provide certain documents as part of the visa application process, such as a passport, birth certificate, and police clearance certificate.
During the interview, the consular officer will review your application and supporting documents and will ask questions to determine your eligibility for a work visa. If the visa is approved, you can enter the United States and begin working for your U.S. employer. It is important to note that the work visa is a temporary visa and does not lead directly to permanent residency or citizenship.
It is important to note that the work visa is a temporary visa and does not lead directly to permanent residency or citizenship. If you want to live and work in the United States on a permanent basis, you will need to apply for a green card, also known as a permanent resident card. Your U.S. employer may be able to sponsor you for a green card, but the process can be complex and time-consuming.
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The U.S. green card, or permanent resident card, is a coveted document that gives you permission to live and work in the United States without having to worry about gaining an additional visa or other paperwork requirements. The process of obtaining a green card can be complicated and lengthy but with some guidance it’s possible to understand your options and make progress on the road to becoming a permanent resident. Here are some ways to get a green card:
1.Employment-Based Green Card: One way to obtain a green card is through employer sponsorship if you have specialized skills that are needed in the U.S., such as medical professionals or computer engineers. Companies that sponsor employees must prove they can’t find qualified candidates domestically and will be responsible for most of the green card paperwork. The employer must also provide proof that they’re paying you minimum wage and meeting other labor conditions.
2. Family-Based Green Card: If you are related to a U.S. citizen, you may be eligible for a family-based green card. This could include spouses, parents or even siblings depending on your relationship to the U.S. citizen in question. Generally speaking, the closer the relationship the easier it is to gain approval for a family-based green card; however, all necessary documentation must be filed correctly and timely as any mistakes tend to delay processing times considerably or can result in outright denial of your application.
3.Diversity Lottery Program: The Diversity Lottery Program is a lottery system for those who wish to obtain a green card but don’t have the necessary qualifications or family members needed for either of the two options above. In order to qualify, you must be from an eligible country and meet certain educational requirements. Winners are then randomly selected by a computerized drawing, with 50,000 people awarded green cards each year.
4. Refugee Status: Refugees may come to the U.S., often due to political upheaval in their home countries, and seek protection through asylum or refugee status. If they are able to prove they face potential harm if they were forced to return to their country of origin, they could qualify for refugee status which includes a possibility of obtaining permanent resident status after one year.
5. Asylum: As an alternative to refugee status, you can also qualify for asylum if you are already in the U.S., have been persecuted or fear persecution due to race, religion, nationality, membership in a particular social group or political opinion and are unable to return safely to your home country. If approved, applicants will be granted permanent resident status one year after they have applied for asylum status.
The process of applying for a permanent resident card is not always easy but with the right guidance it’s possible to obtain this valuable document. Whether through employer sponsorship, family-based applications, diversity lotteries or even asylums and refugees statuses there may be opportunity to gain legal residence in the United States.
It’s important to note that the application process can take anywhere from six months to a year or more as each green card request is unique and dependent on individual circumstances. The most important step you can take when applying for a green card is to make sure all paperwork is complete, accurate and filed in a timely manner so that the U.S. Citizenship and Immigration Services (USCIS) can process your request with minimal delays.
Additionally, you need to seek advice from a qualified immigration experts such as immigration lawyers or paralegals before beginning the permanent resident application process to ensure correct procedures are followed from start to finish. Our immigration paralegal team can help with your green card application here!
If you want to visit or live in US, you might be wondering what visa is best for you. There are about 185 types of visas in US categorized into nonimmigrant and immigrant visas.
Consular processing is the process of applying for a U.S. visa from outside of the United States. If you’re applying for a U.S. visa from your home country, that application process is known as “consular processing.”
Visa applicants use the Visa Bulletin to check if their priority date is current. Your “priority date” is the date when your sponsoring relative or employer properly filed the immigrant visa petition with USCIS.
