Request for Evidence in Immigration Cases

Generally in an Immigration Petition, the burden of proof is on the applicant or the Petitioner. The petition is filed usually with the forms, supporting letters/briefs and copies of documents to prove the elements of law. Unless there is some evidence in the petition that prima facie negates the elements of the law in a case, the Citizenship and Immigration Services (CIS) cannot deny the petition without due process. Thus they issue “request for Evidence” or RFEs. Although RFEs are supposed to give the applicant due process rights to prove their cases, the CIS Officers use it for anything and everything, and the RFEs vary in intelligent quotient with the IQs of the officers. Here are some weird reasons for the RFEs:

Officers need more time

Some Officers use it for additional time, and give a template with an exhaustive list of things way beyond what would be normally necessary for the petition. They know that the applicant will take time gathering all these thousands of documents and meanwhile its not the officer’s fault that the petition has not been adjudicated

Officers are Either Stupid or Lazy or Both

These are the DUH RFEs. I have been asked by the Texas Service Center to prove that Breast Cancer research is National vs Local in scope for a National Interest Waiver Case. Does Dallas have those little pink ribbons for Susan Komen Foundation every October? An Immigration Attorney friend of mine was asked, “whats the difference between Cylon and Sri Lanka?”

Officers are Plain Lazy

There are ample instances where if the petition is little thick, the officers will simply ask for documents that are already in the original petition.

Officers have not met their denial quota

I don’t know if there is such a quota, but some RFEs are so lengthy, you can tell that the officer is fishing for any reason to deny the case.

Currently the standards for RFEs vary enormously. However the CIS is looking into standardizing RFEs, if that is they can be standardized. But standardizing RFEs is just one equation, inputting common sense into the officers are easier said that done.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee