Request for Evidence (RFE)

Question:

My husband and I purchased your NIW self-help package few months ago. After weeks of hard work and some open questions, which you answered quickly and informatively for us, we submitted his I-140 and our both I-485s beginning of May. Unfortunately we received quite an extensive RFE for my husband’s I-140 yesterday. We were quite surprised and kind of shocked about it because we had the feeling that my husband has an outstanding professional record and that we presented this really well in the petition.

The main problem we are having with this RFE is that the IO is asking for all kinds of things that we already extensively dealt with in the original application. We are kind of puzzled how to handle this RFE now. Shall we try to answer it ourselves or is it better to get in a lawyer at this point of the process? Do you have experience with RFEs and would you have some helpful tips for us?

Answer:

This is a not an uncommon occurring. We have seen several times that the immigration officer’s ask for things that are already present in the petition.  From our knowledge the best way to answer the RFE is the following. Typically an RFE has a list of questions. Use these as section headings and pull the answers/ information from your earlier petition.

We heard of a similar RFE with a few petitioners. Some of them answered themselves and others used lawyers. All the petitioners (both kind) we know of were successful.