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Good afternoon. My name is Alena Shautsova. I'm an Immigration attorney from Brooklyn New York. In today's legally speaking seminar I would like to talk to you about RFEs: Why did you receive an RFE and how is going to affect your immigration case. The requests for more evidence are actually very common if you're applying for various types of Immigration benefits. I would divide RFEs in different groups: first group is one when something is missing okay and usually it's a simple RFE which is asking for document that either was not accepted maybe for poor copy quality or maybe you forgot to attach it, but it's not a big deal you actually just need to mail it in. Usually this RFE will look something like this we're processing your case on such and such date you submit your petition however please submit a copy of your divorce certificate, or please submit a copy of your marriage certificate or please submit proof when you change your name something very simple. Usually it's not a big deal so something is missing okay. Then there are RFEs that are sent when the government is challenging if you meet your if you met your burden of proof those are very difficult RFEs. Still they are common. Why are they difficult? Because they don't really give you a specific document to submit they don't list a specific document that you need to submit rather they give you a group of acceptable evidence and you would need to decide what you have what you don't and sometimes it's easy sometimes it's not to meet the burden of proof. These RFEs a very common in employment immigration, also very common in VAWA cases and nowadays also in family immigration unfortunately I30s I 129Fs petitions for immediate relatives from the spouses petitions for fiance's you would see more and more of those RFEs now usually when you work with a lawyer it is also not a big deal okay unless it's an employment case or self petitioning case and you really need to work hard in obtaining this missing evidence the main thing here do not miss a deadline all right third group of RFES are RFEs related to income why would I put it in the third group it's because it's almost sure that you will receive such an RFE if you're trying to sponsor a family member requests for more evidence stating that your income did not meet the minimum requirements even though it did why do we receive them? we do not know AILA is an American Immigration Lawyers Association actually repeatedly asked USCIS why practitioners report that such a rRFEs are being sent even though practitioners state that minimum income level requirements were met previously and all USCIS states back they are basically saying that if we sent an RFE it means there is a basis for it so they they they just do not answer the question why they keep standing RFEs is that very often should not be sent and the last, fourth group is an RFE that you receive after you interview basically during the interview an officer determined that something is missing and the officer states: oh well I'm going to print an RFE and you're going to come back on such a such date with with the missing document so that I would say these are the four major groups of RFEs that one would encounter during the immigration process what is the impact of an RFE? well an RFE is not a denial it does technically stops the time during which USCIS is supposed to adjudicate your case until you respond to the RFE until your mail and USCIS receives the documents at your mailing responsive to the RFE. that's why I believe at times some unwarranted RFEs are sent: just to slow down the processing times I may be wrong but this is my suspicion okay it's very often it seems that you did submit a document that you're being asked again to submit and what it happens unfortunately you must respond to the RFE even though you believe that you've already submitted sufficient documents will you submit it the very document that RFE is asking for because if you don't respond to the RFE or respond late your case will be denied also when you respond to the RFE usually you must send all the documents at once meaning that you cannot send half of the document half of its documents now and half of the documents later that's not gonna work all right so all documents should be sent together at once when you're ready most of the times I would say in my experience family immigration not a problem you answer that RFE and the case gets approved because usually an attorney will go over the case prior to admitting it , taking it, and we already have a picture if the case like this can be or cannot be approved right it's difficult in employment cases employment cases can be very complex very difficult at times what you say is asking can be challenging to produce something USCIS is asking for evidence that practitioners would argue with USCIS if that evidence should be requested and instead the evidence that already was produced should be used so that's a more complex question and complex area but I would say in general RFE is not a thing to be super stressed out about you do need to respond to it respond timely and just read carefully what it asks you to produce okay so that's the main thing make sure you did not give them something that they didn't ask for and make sure that you did give them something that they they're looking for and you can read more about RFEs, NOIDs notices of intent to deny and things like that notices of intent to revoke on our website www.shautsova.com