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 than false.
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.
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.
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.
In 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.
To avoid the hassle brought about by the RFE, many applicants prefer to get assistance from an experienced immigration attorney. They are 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 can save time and effort.