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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

A Request for Evidence (RFE) during the adjustment of status process can lead to delays, increased stress, and even potential denial of your application. The best way to avoid an RFE is to submit a thorough and complete application.

Here, our immigration and nationality law attorney and law firm founder, Shobhana Kasturi, who has over 27 years of legal experience and a decade of experience representing individuals and families throughout Illinois, lists some crucial tips to ensure a strong initial submission.

Avoiding RFEs

How to Avoid RFEs When Applying for Adjustment of Status

A robust and well-prepared application is critical to ensuring timely approval and avoiding the delays and complications that come with a Request for Evidence (RFE) during the adjustment of status process. By submitting a thorough, accurate, and complete application from the start, applicants reduce the likelihood of errors, missing documentation, or inconsistencies that can trigger an RFE, ultimately prolonging the review process.

By following these tips, you can increase your chances of avoiding an RFE and ensure a smoother adjustment of the status process.

  • Provide Complete and Accurate Information

Ensure that all sections of your Form I-485 are filled out accurately. Double-check each detail, such as personal information, immigration history, and employment details, for consistency and accuracy. Even small mistakes can lead to an RFE.

  • Submit All Required Supporting Documents

One of the most common reasons for an RFE is missing or incomplete documentation.

Include all necessary supporting documents, such as:

  • A copy of your birth certificate.
  • Proof of your current lawful status (visaor I-94).
  • Marriage certificate (if applicable).
  • Affidavit of Support (for family-based applications).
  • Proof of the petitioner’s U.S. citizenship or permanent residency status.

Ensure that all documents are in the proper format and translated if necessary.

  • Provide Clear Evidence of Eligibility

Ensure you submit adequate evidence demonstrating that you are eligible for adjustment of status.

This may include:

  • Proof of lawful entry into the U.S.
  • Evidence that you meet all visa requirements.
  • Documentation proving a bona fide marriage if filed through a spouse.

The more evidence you can initially provide, the fewer reasons the United States Citizenship and Immigration Services (USCIS) will have to request additional evidence.

  • Ensure Sufficient Affidavit of Support

For family-based adjustment of status, the Affidavit of Support (Form I-864) must be completed properly. To avoid issues, make sure the sponsor meets the income requirements and submits the correct financial documentation, which may include tax returns or W-2s.

  • Prepare for the Medical Examination

The medical examination report (Form I-693) is required for adjustment of status. Visit a USCIS-authorized civil surgeon and complete the medical exam before submitting your application. Ensure all vaccinations are up-to-date and include the completed form in your application.

  • Double-Check Translations and Certified Copies

If any of your supporting documents are in a language other than English, ensure you provide certified translations. In addition, submit certified copies of official documents when necessary. Failing to provide proper translations or certified copies can result in an RFE.

  • Review Previous Immigration History for Consistency

Remember any discrepancies between your current application and your past immigration records. USCIS may issue an RFE if there are inconsistencies in your immigration history, such as different names, birthdates, or visa statuses.

  • Submit Evidence of Continuous Residence

For specific adjustment applications, such as those based on employment or asylum, you may need to show continuous residence in the U.S. Include travel records, proof of employment, or any other relevant documentation to establish this.

  • Include Proper Payment

Ensure that you pay the correct filing fees for your application. Underpayment or improper payments can lead to delays or rejection. Use the USCIS Fee Calculator to verify the proper amount.

Work with an Illinois Immigration Attorney

Our experienced immigration attorney can review your application to ensure everything is in order before submission. We can help identify potential red flags and provide guidance on addressing them proactively, potentially avoiding an RFE altogether. If you have received an RFE, we can help you respond promptly and completely to increase your chances of obtaining an approved adjustment of status.

Contact Our Immigration Attorney Today

Contact our immigration law firm today to schedule a consultation that suits your needs. Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you move forward confidently.

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