I-485 Request for Evidence
A Request for Evidence, or RFE, means USCIS has determined that the existing Form I-485 record does not contain enough evidence to establish one or more requirements for adjustment of status. The RFE should identify the missing or insufficient evidence and give a deadline for response. A strong response answers every issue in the notice, supplies the strongest available evidence, explains any unavailable documents, and addresses the legal significance of the evidence rather than simply submitting a large collection of exhibits.
What does an I-485 RFE mean?
USCIS is giving the applicant an opportunity to complete or clarify the record. Approval still depends on proving every required adjustment element.
See I-485 RFE and NOID.
An RFE Is Different From a Notice of Intent to Deny
USCIS is not required to issue an RFE in every deficient case. An RFE generally means the officer believes additional evidence may help complete the eligibility record. It does not necessarily mean USCIS has already reached a proposed adverse conclusion.
A Notice of Intent to Deny is different. A NOID identifies a proposed basis for denial and gives the applicant an opportunity to rebut that finding before USCIS issues a final decision.
For a side by side comparison, see I-485 RFE vs. NOID. If USCIS has already issued a NOID, see I-485 Notice of Intent to Deny.
Common I-485 RFE subjects
Adjustment RFEs commonly involve:
- Birth certificates;
- Marriage or divorce records;
- Proof of inspection, admission or parole;
- Underlying immigrant petition evidence;
- Form I-693 medical examination;
- Form I-864 Affidavit of Support;
- Tax evidence;
- Joint sponsor evidence;
- Criminal records;
- Immigration-status evidence;
- Employment records;
- Form I-485 Supplement J;
- Visa availability;
- Translations;
- Identity documents; and
- Secondary evidence for unavailable civil records.
Read the RFE line by line
Before gathering evidence, break the notice into separate issues.
For each issue identify:
- What USCIS says is missing;
- What USCIS says is insufficient;
- What statute or regulation USCIS cites;
- What evidence was already submitted;
- Whether USCIS overlooked existing evidence;
- What additional evidence is available;
- Whether the requested evidence legally applies to the applicant; and
- Which exhibit will answer the issue.
A response can contain hundreds of pages and still fail if one independently required eligibility element remains unanswered.
The response deadline
8 C.F.R. §103.2(b)(8) provides that an RFE response period cannot exceed 12 weeks.
The actual USCIS notice controls the response deadline.
Applicants should:
- Calendar the deadline immediately;
- Calculate sufficient delivery time;
- Obtain difficult records early;
- Do not assume a 12-week response period;
- Preserve proof of submission; and
- Confirm delivery where a paper response is required.
The regulation states that additional time to respond to an RFE or NOID may not be granted.
Submit the requested evidence together
8 C.F.R. §103.2(b)(11) generally requires the requested materials to be submitted together at one time.
The applicant can:
- Submit a complete response;
- Submit a partial response and ask USCIS to decide on the existing record; or
- Withdraw the benefit request.
A partial response can cause USCIS to decide the case without giving another opportunity to supplement the record.
Birth certificate RFE
USCIS may issue an RFE where:
- No birth certificate was submitted;
- The document is not the correct civil record;
- The certificate is incomplete;
- The document was registered late;
- Parentage is unclear;
- The country Reciprocity Schedule identifies a different required document; or
- The record is unavailable but the applicant did not establish nonavailability.
The response may require:
- Correct official certificate;
- Certified translation;
- Government nonavailability statement;
- Secondary evidence;
- Affidavits; and
- Country-specific Reciprocity Schedule evidence.
See Birth Certificates for Adjustment of Status and Unavailable Civil Records and Secondary Evidence.
Admission or parole RFE
An ordinary INA §245(a) applicant may need to establish inspection and admission or parole.
Evidence can include:
- Form I-94;
- Passport admission stamp;
- CBP records;
- Parole document;
- Prior USCIS records;
- FOIA records;
- Transportation evidence;
- Witness declarations; and
- Other evidence establishing the entry.
The legal question is whether qualifying inspection and admission or parole occurred, not merely whether the applicant still possesses the original paper record.
Form I-693 RFE
A medical RFE can involve:
- Missing Form I-693;
- Incomplete examination;
- Incorrect civil-surgeon completion;
- Missing vaccination documentation;
- Tuberculosis issues;
- Class A condition;
- Need for additional medical evaluation; or
- Other deficiencies under the current medical rules.
Form I-864 RFE
Family-based adjustment RFEs frequently involve sponsorship.
Common deficiencies include:
- Missing petitioning sponsor I-864;
- Incorrect household size;
- Insufficient income;
- Missing federal tax evidence;
- Failure to establish current income;
- Missing proof of U.S. domicile;
- Improper joint sponsor;
- Missing Form I-864A;
- Unsupported assets; and
- Failure to establish an I-864 exemption.
Criminal-record RFE
If USCIS records reveal an arrest or conviction, USCIS may request:
- Certified charging document;
- Certified disposition;
- Plea agreement;
- Sentencing order;
- Probation record;
- Police report where relevant;
- Vacatur order;
- Expungement record; and
- Evidence that a record is unavailable.
USCIS may need the entire record to determine whether a federal immigration conviction or other inadmissibility issue exists.
Employment-based RFE
Employment adjustment RFEs can concern:
- Continuing permanent job offer;
- Form I-485 Supplement J;
- INA §204(j) portability;
- Same or similar occupation;
- Employer ability or intent;
- Applicant qualifications;
- Current employment;
- Unauthorized employment;
- Status violations;
- INA §245(k); and
- Underlying I-140 validity.
USCIS may have overlooked evidence already submitted
If the RFE asks for something already in the record:
- Do not ignore the request;
- Identify where the evidence appeared in the original filing;
- Resubmit a clean copy;
- Explain how it satisfies the requirement;
- Add stronger corroboration if available; and
- Respond by the deadline.
The immediate goal is approval. If USCIS cannot locate the original exhibit, resubmitting it with a precise explanation is generally safer than relying only on the fact that it was previously mailed.
If the requested document does not exist
Do not simply state that the document is unavailable.
Use the evidentiary hierarchy in 8 C.F.R. §103.2(b)(2):
- Establish primary-document unavailability;
- Provide government nonavailability evidence where required;
- Use appropriate secondary evidence;
- Explain efforts to obtain the record; and
- Use qualifying affidavits where primary and secondary evidence are unavailable.
New evidence can prove an existing fact
An RFE response can include documents created or obtained after the original filing.
But the applicant must distinguish between:
- New evidence proving that a required fact already existed; and
- A new event attempting to create eligibility that did not exist when legally required.
A later-obtained certified record can prove an earlier event. It cannot necessarily retroactively create a statutory condition that was absent on the required date.
Failure to respond
Under 8 C.F.R. §103.2(b)(13), failure to respond can result in:
- Denial as abandoned;
- Denial based on the existing record; or
- Denial on both grounds.
A missed RFE should be addressed immediately after discovery.
If USCIS already denied the case as abandoned, a motion to reopen may be possible where the regulatory requirements are satisfied.
Example: RFE asks for the wrong civil document
USCIS requests a birth certificate format that the applicant believes does not exist for the applicant's country and historical period. The response should use the current Department of State Reciprocity Schedule and official records to establish what document is actually available rather than simply asserting that USCIS is wrong.
Example: employment applicant receives §245(k) RFE
USCIS questions whether an EB-2 applicant exceeded 180 aggregate days of status and employment violations. The response should reconstruct the applicant's status and employment chronology after the relevant lawful admission, identify each potentially countable day, and document why the total remains within INA §245(k).
I-485 RFE response checklist
- Calendar exact deadline.
- Read entire notice.
- Break notice into separate issues.
- Identify statute and regulation for each issue.
- Review original filing.
- Identify evidence already submitted.
- Gather new primary evidence.
- Document unavailable records.
- Provide certified translations.
- Address legal significance of evidence.
- Respond to every numbered item.
- Submit requested materials together.
- Include RFE response sheet or notice as instructed.
- Use correct USCIS submission method.
- Retain complete response copy.
- Preserve proof of timely delivery.
Common RFE mistakes
Responding With Volume Instead of Proof
Hundreds of pages are submitted without identifying which exhibit satisfies the disputed legal element.
Missing One Request
Most of the RFE is answered but one independently required eligibility item is omitted.
Expecting an Extension
The applicant delays record collection assuming USCIS will grant more response time.
Submitting Documents in Pieces
The applicant sends multiple partial responses and assumes USCIS will combine them before adjudication.
Using Affidavits Too Early
Family declarations are used instead of available primary civil records.
Ignoring the Legal Issue
The applicant sends the requested document but never explains why the document establishes eligibility under the cited statute or regulation.
Primary authorities
Related INA245.com guides
Frequently asked questions
Does an RFE mean USCIS plans to deny my I-485?
Not necessarily. It means USCIS believes additional evidence is needed before completing adjudication.
How much time does USCIS give to answer?
The response period varies. The regulation provides that an RFE response period cannot exceed 12 weeks. Use the exact deadline printed on the notice.
Can I get an extension?
The regulation states that additional time to respond to an RFE or NOID may not be granted.
Can I send half the evidence now and the rest later?
USCIS regulations generally require the requested evidence to be submitted together. A partial response can result in a decision on the existing record.
What if USCIS asks for a document that does not exist?
Establish nonavailability under the regulatory evidence rules and submit appropriate secondary evidence.
What happens if I miss the RFE deadline?
USCIS may deny the application as abandoned, on the existing record, or on both grounds.
An RFE response should function like a targeted legal proof: every USCIS question should lead directly to evidence and an explanation of why the evidence satisfies the requirement.
The Messersmith Law Firm, P.A. represents adjustment applicants in Form I-485 RFEs involving civil records, admission or parole, INA §245(k), medical issues, Form I-864, employment evidence, criminal records and other complex eligibility questions.
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