---
name: immigration_rfe_responses
description: Answer a US immigration Request for Evidence (RFE) or Notice of Intent to Deny (NOID): map every item in the notice to evidence on a mapping sheet, build an exhibit index, draft declarations in the client's own words, flag evidence gaps early with proof of attempts and substitutes, and track the hard filing deadline. Triggers on USCIS RFE, I-797E, Request for Evidence, NOID, Notice of Intent to Deny, RFIE, exhibit index for USCIS, or an immigration filing that must prove eligibility by a preponderance of the evidence.
---

# Immigration RFE Responses

## Purpose

A Request for Evidence means USCIS reviewed a benefit request and the record does not yet establish eligibility. It is not a denial. It is also not a casual request for more paper. Under 8 CFR 103.2(b)(11) and the USCIS Policy Manual, Volume 1, Part E, Chapter 6, the response is a single event: all requested materials go in together, at one time, with the original notice. A partial response is treated as a request for a decision on the record as it stands, and USCIS does not wait for a second mailing or issue another RFE because the first response was incomplete.

This skill turns a notice into a controlled filing project. It ships three working tools. `references/mapping-sheet.md` holds the mapping sheet template and the gap note standard. `references/exhibit-index-template.md` holds the package order, exhibit index, and cover letter templates. `references/worked-response.md` holds a full worked response with a real gap flagged and handled. `scripts/rfe_tools.py` computes the receipt deadline and validates the mapping sheet so no item is left silent.

This skill is filing support and drafting method, not legal advice. Immigration filings carry legal consequences, eligibility calls belong to a licensed immigration attorney or a DOJ accredited representative, and every filing plan in this skill routes disputed law, a NOID, derogatory information, or an inconsistency in the record to that person before anything is sent. State that limit in the work product when the user is not a practitioner.

## Workflow

1. Triage the notice on the day it arrives. Record the form type, receipt number, petitioner and beneficiary or applicant names, the notice date, how it was served (mail, in person, or electronic), the response address or online response route printed on the notice, and the due date printed on the notice. The printed due date controls. Copy the whole notice before anything else, because the original goes on top of a paper response. Classify the notice correctly before planning:
   - Request for Initial Evidence (RFIE): required initial evidence was missing entirely, so substantive review has not started.
   - Request for Evidence (RFE): the filing was reviewed, but the evidence does not yet establish eligibility.
   - Notice of Intent to Deny (NOID): USCIS states it intends to deny and gives its reasons. Treat a NOID as the most serious of the three. Route it to the responsible attorney or accredited representative immediately, because the response must rebut stated reasons, not just supply documents.

2. Compute and diary the deadline, then work backwards from it. Run `python3 scripts/rfe_tools.py deadline --notice-date YYYY-MM-DD --kind RFE --form I-485 --service mail`, adjusting kind, form, and service to the case. The rules the tool applies, from the Policy Manual and 8 CFR 103.2:
   - RFE maximum is 84 calendar days (12 weeks). Form I-539 and Form I-601A RFEs are capped at 30 days. A NOID maximum is 30 days.
   - Service by mail adds 3 days, so the outer limits are 87 days for a standard RFE and 33 days for a short RFE or a NOID. Service in person adds nothing. An online response is received on the date it is submitted.
   - An officer may set a shorter period than the maximum. If the notice sets one, pass it with `--officer-days` and diary that date, not the maximum.
   - No extension exists. Regulations prohibit officers from granting additional time to respond to an RFE or a NOID.
   - If the last day falls on a Saturday, Sunday, or federal holiday, the period extends to the next business day.
   - USCIS must receive the response by the deadline. A postmark on the due date is not enough for a mailed package.
   Set internal dates from the receipt deadline: evidence requests out within 3 days, gap flags within the first third of the window, draft cover letter at the two thirds mark, assembly complete at least 5 days before the deadline for a mailed package. If the tool date and the printed notice date disagree, stop, use the printed date, and flag the mismatch the same day.

3. Build the mapping sheet before gathering anything. Follow `references/mapping-sheet.md`. Transcribe every item in the notice into its own row, quoting the request. For each row, name the eligibility requirement behind it. An RFE states the requirement that has not been established and why the evidence was insufficient, identifies missing or deficient evidence required by statute, regulation, or form instructions, says whether the evidence is initial or additional, and gives examples of other evidence that may be submitted. Read for that structure. An item that reads like a generic template list still gets its own row and its own answer.

4. Check each item against the original filing before ordering new documents. Officers sometimes ask for material that was filed but separated, misfiled, or hard to find. When that happened, mark the row already-filed, resubmit a clean copy as its own exhibit, and say in the cover letter that it was included originally and where. Never answer an item with only a claim that USCIS already has the document.

5. Gather evidence in probative order. USCIS weighs each piece for relevance, probative value, and credibility, alone and in the totality of the record, against the preponderance standard: each required fact must be shown more likely than not true. Work the hierarchy in the Policy Manual:
   - Primary evidence first: a record issued by the competent authority with direct knowledge of the fact, such as a civil registry birth certificate or a court divorce decree.
   - Secondary evidence only when primary evidence does not exist or cannot be obtained. Secondary evidence tends to corroborate by inference, such as church, school, or medical records, and it carries less weight. It must be paired with proof that the primary record is unavailable.
   - Affidavits and declarations last. They are tertiary evidence, accepted in place of records only when neither primary nor secondary evidence exists or can be obtained. In that case, show the unavailability of both and submit two or more affidavits from people who are not parties to the case and who have direct personal knowledge of the event.
   Check the US Department of State Reciprocity and Civil Documents by Country page for the country that issued the record. It states which civil documents that country generally issues. Save the page result to the case file, because it can support or undercut a claim that a record is unavailable.
   Also confirm the evidence proves eligibility at the time of filing, not only now. Under 8 CFR 103.2(b)(12), a response that shows eligibility was gained only after filing does not cure the filing. Where a fact changed after filing, explain the timeline with exhibits instead of presenting the later fact as if it existed at filing.

6. Flag every gap the day it appears. A gap is any item where the requested document does not exist, cannot be obtained in the window, is unreliable on its face, or contradicts the filing. For each gap, follow the gap note standard in `references/mapping-sheet.md`: what was requested, why it cannot be produced, dated attempts to obtain it, proof of those attempts as an exhibit, and the substitute offered. The strongest proof of unavailability is an original written statement on government letterhead from the issuing authority stating the record does not exist, the reason, and whether similar records for that time and place are available. Route every gap to the responsible attorney or accredited representative at flag time with the substitute plan. A gap with a documented attempt and a credible substitute is survivable. A silent item is the worst outcome available, because the officer reads silence as an unanswered requirement.

7. Handle translations as a filing requirement, not an afterthought. Under 8 CFR 103.2(b)(3), any document containing a foreign language must be accompanied by a full English language translation, and the translator must certify that the translation is complete and accurate and that the translator is competent to translate from that language into English. Apply it strictly:
   - Full means full. Translate stamps, seals, letterhead, handwritten notes, and marginal entries. A summary is unacceptable and counts as no translation.
   - Place the translation and the signed, dated translator certification directly behind the document it translates.
   - The regulation does not require notarization or a professional credential. It requires the certification. Do not hold a filing for a notary when a proper certification is in hand, and do not accept a translation with no certification because a notary stamp is present.
   - Compare names, dates, and numbers in the translation against the original filing character by character. Translation drift in a name spelling is a common, avoidable source of inconsistency findings.

8. Draft declarations by interview, in the declarant's own words. A declaration explains facts a document cannot: how a relationship developed, why a record is missing, where a person lived and when. Officers give weight to declarations that are specific, plausible, and consistent, and little weight to conclusory ones. Work this way:
   - Interview with open questions. Take notes in the declarant's phrasing. Never supply facts, dates, or motives the declarant did not state, and never reconcile a declarant statement with the forms by quietly editing it. If the two conflict, that is a gap under step 6, not an editing task.
   - Draft in the first person, one fact per sentence where possible, with dates, places, and names for each material fact. Cut adjectives and conclusions. "We lived together at 214 Elm Street from March 2023 to June 2025, and both names were on the lease" proves something. "We have a genuine and loving marriage" proves nothing on its own.
   - For a third party affidavit, include the writer's full name and address, the relationship to the parties if any, the basis of the writer's knowledge, and the facts the writer personally knows. A writer with no direct personal knowledge adds bulk, not weight.
   - Read the draft back to the declarant before signing. Remove anything the declarant says is not how they would say it or is not accurate. The declarant signs only a statement they can repeat under questioning.
   - Close with an unsworn declaration under 28 USC 1746 where a sworn statement is required or permitted, signed and dated, in substantially this form. Inside the United States: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date)." Outside the United States, insert "under the laws of the United States of America" after "perjury". A notarized affidavit also works where the form instructions ask for one. Follow the specific form instructions when they prescribe a format.

9. Sweep the whole record for inconsistency before drafting the cover letter. Compare names, dates of birth, addresses, employers, marital history, and entry and travel dates across the original forms, the new exhibits, and every declaration. Doubt cast on one part of the evidence leads officers to reevaluate the rest, and explanations without independent objective evidence do not resolve a conflict. Where a real inconsistency exists, address it head on in the cover letter, with the objective exhibit that shows which version is correct. Where the new evidence introduces a new fact, such as a changed address or a new employer, check it against the signed forms before it goes in, because new facts can open a new line of inquiry.

10. Write the cover letter and exhibit index from the mapping sheet. Use the templates in `references/exhibit-index-template.md`. Order the response in the notice's own order. For each item, the letter quotes or closely summarizes the request, states the answer in one to three sentences, and cites the exhibit that proves it. Keep legal argument proportionate: a short correct citation for a document gap, fuller argument where the officer misread a requirement, disputed the facts, or issued a NOID. End by stating that the record now establishes eligibility by a preponderance of the evidence and asking for approval. Then reconcile three lists until they match exactly: mapping sheet exhibits, index exhibits, and the physical or uploaded package, page by page.

11. Assemble and file as one package. For paper: original notice on top, then any Form G-28 if representation is new or changed, cover letter, exhibit index, exhibits in order behind labeled dividers, translations directly behind their documents. Send legible copies unless the notice or form instructions require an original. USCIS may request an original at any time, so keep originals available and never send an irreplaceable original that was not requested. Address the package exactly as the notice directs, which can differ from the original filing address, and send it by a trackable method timed to arrive before the deadline, with delivery confirmation kept. For an online account case: upload through the RFE response flow for that case, name files with the exhibit label first, and save the submission confirmation. Do not split the response across both routes or across multiple mailings unless the notice itself directs it. Scan or copy the complete assembled package before it goes out.

12. Record the filing and watch the case. Log the filing date, method, tracking number or upload confirmation, and a copy location on the mapping sheet. The expected next case event is a receipt update for the RFE response, then a decision, an interview notice, a follow-up RFE, or a NOID. Diary a status check. If no response was filed or the deadline was missed, tell the responsible attorney or accredited representative and the client immediately and in writing: USCIS may deny the request as abandoned, on the record, or both, under 8 CFR 103.2(b)(13), and the options after a denial are time limited and case specific.

## Output Contract

Deliver all of the following for each notice:

- A triage record: notice type, form, receipt number, parties, notice date, service method, printed due date, computed due date from `scripts/rfe_tools.py`, and the internal working dates.
- A completed mapping sheet in the columns defined in `references/mapping-sheet.md`, with every item marked ready, gap, substitute, or already-filed, validated by `python3 scripts/rfe_tools.py check` with a passing result.
- An exhibit index that matches the mapping sheet and the package exactly, with a plain description, the RFE item answered, and page ranges for each exhibit.
- A cover letter in the notice's item order, where each item section states the request, the answer, and the proving exhibit, each gap is explained with its attempts and substitute, and each inconsistency is addressed with objective evidence.
- The declarations used, each drafted from an interview, read back to the declarant, and signed and dated with a proper 28 USC 1746 declaration or a sworn format the form instructions require.
- A filing record: date sent or submitted, method, address or online route used, tracking or confirmation proof, and where the complete copy of the filed package is stored.
- A plain statement of every open gap, inconsistency, or legal question that was routed to the responsible attorney or accredited representative, and what was decided, or that it is still open. Never present an open legal question as resolved.

## Operating Rules

- Never invent a fact, date, document, or statement. If the record does not contain it, the response does not claim it. Unverifiable material is cut or presented honestly as unavailable, with the gap method in step 6.
- Never backdate, alter, or coach a document or a declaration, and never help create evidence of a fact that did not happen. If a user asks for that, stop that part of the work, explain that false evidence submitted to USCIS can bring denial, bars, and criminal exposure, and route the matter to a licensed immigration attorney.
- Keep current policy current. Since August 5, 2026, under Policy Alert PA-2026-05, officers have discretion to deny a request without first issuing an RFE or NOID when required initial evidence is missing or eligibility is not established, and the former extra 14 days for notices mailed outside the United States no longer applies. Treat that as a reason to file complete initial filings, and check the live Policy Manual, Volume 1, Part E, Chapter 6 before relying on any timeframe or discretion statement in this skill, because Policy Manual guidance can change without new regulations.
- Respect the one package rule without exception. Counsel the client early that documents sent later, even before the deadline, may not be joined to the response, and that the first package sent is treated as the response. Hold the package until the mapping check passes, unless the deadline itself forces a filing decision, which the responsible attorney or accredited representative makes with the partial response consequences stated plainly to the client: a partial response asks USCIS to decide on the record as it stands, and withdrawing is the third option the regulation names.
- Protect the record. Names, dates, and addresses must match across forms, exhibits, translations, and declarations. Flag a mismatch as a finding to resolve with objective evidence, never as a typo to quietly normalize in one document only.
- Guard confidentiality. A case file holds sensitive personal data. Keep it in the case system the practice or client already uses, share it only with the people working the case, and never paste client documents or identifiers into public tools or unrelated conversations.
- Know the boundary of the skill. This skill organizes, drafts, and checks. It does not decide eligibility, predict an outcome, or replace advice on motions, appeals, waivers, or removal proceedings after a denial. Name that boundary in the deliverable whenever the user is proceeding without counsel, and recommend licensed counsel for any NOID, any case involving unlawful presence, criminal history, prior denials, or derogatory information.