Responding to an RFE or a Notice to Appear

Answering a Request for Evidence

An RFE lists what is missing or insufficient and gives a response deadline. The deadline is printed on the notice. Calendar it the day you receive the notice and plan to mail or upload your response well before then.

You generally get one chance to respond, so send everything at once. If you cannot obtain a requested document, explain why and provide the best secondary evidence available. A Notice of Intent to Deny (NOID) is more serious than an RFE because it signals that USCIS plans to deny unless you overcome the stated reasons.

• Place the original RFE notice or cover sheet on top of your response.
• Answer each item in the order listed and label your exhibits.
• Keep a complete copy and proof of delivery.
• Send the response to the address or online account stated on the notice.

What a Notice to Appear means

Form I-862, Notice to Appear, is the charging document in removal proceedings before the Executive Office for Immigration Review (EOIR), which runs the immigration courts. It states the factual allegations and the legal charges against you. It may or may not list a hearing date. If it does not, the court will send a separate hearing notice.

You can check your case status, hearing date and court location through the EOIR Automated Case Information portal using your alien registration number. Check regularly, because hearings can be rescheduled.

Never miss an immigration court hearing

If you were properly notified and do not appear, the judge can order you removed in absentia, which means in your absence. Reopening an in absentia order is possible only in limited circumstances, such as exceptional circumstances raised within a strict deadline or a lack of proper notice. Failing to appear can also make you ineligible for certain forms of relief for years.

Notices are sent to the address the court has on file. If you move, file Form EOIR-33 with the immigration court within five days, and separately update your address with USCIS. If you cannot attend for a serious reason, contact the court and seek legal help before the hearing date, not after.

Finding help in California

In immigration court, you have the right to be represented at no cost to the government, which means you must find your own attorney or accredited representative. EOIR publishes a list of pro bono legal service providers by court. The California Department of Social Services funds nonprofit organizations that provide immigration legal services, and many California law schools and community organizations run clinics.

Be cautious of notarios and immigration consultants who offer legal advice. Under California's Immigration Consultants Act, Business and Professions Code section 22440 and following, consultants may not provide legal advice and are subject to registration and bonding requirements. Only a licensed attorney or a DOJ-accredited representative working for a recognized organization can represent you in immigration matters. Greenlit Visa connects you with independent immigration attorneys; it is not a law firm and does not provide legal representation.