The required quantum of evidence sought in every application before the United States Citizenship and Immigration Services or USCIS is preponderance of evidence (which means that the fact alleged is more likely be true).
Most of the time, decisions are based on the documents required to be submitted in the initial filing. However, if the required documents are lacking, a Request for Evidence or RFE will be sent to the applicant. This is somewhat comparable to the 221g Refusal from the US embassy.
A Request for Evidence is a notice that necessitates the applicant to tender some missing document. The RFE usually specifies the document lacking and the prescriptive period to forward it to the USCIS. The prescribed time is set through USCIS regulations. An applicant or petitioner is ordinarily given 12 weeks to comply. But in case of family sponsored petitions, the average period is 60 days which can be extended.
Under the US immigration law, the sending of Request for Evidence is only compulsory when the initial evidence is incomplete. The initial evidence is the evidence indicated in the instructions for filing the petition or application. On all other instances, the issuance is already discretionary. Hence, if the applicant is clearly ineligible, there is no room for RFE but only for a final adjudication of the matter. Nevertheless, the applicant or petitioner may still in certain situations file an appeal, motion to reopen or motion to reconsider.
Recommendation
To avoid the hassle brought about by the REO, many applicants prefer to get assistance from immigration attorneys. They are the once familiar with the papers the immigration officers will be looking for to come up with the decision. Though hiring an expert does not guarantee a favorable decision, it is clearly effort and time saving measure.
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