Yes, an immigration attorney can take over your response to a USCIS Request for Evidence (RFE), Request for Initial Evidence (RFIE) or Notice of Intent to Deny (NOID), even if you filed the case yourself or someone else prepared it. BCA Law Firm, an immigration law firm in Norcross, Georgia, reviews the notice, the original filing and the deadline, then builds and submits the response. The most important number is the response due date printed on your notice: USCIS cannot extend it, so contact a lawyer as soon as the notice arrives.
Office: 700 Holcomb Bridge Road, Norcross, GA 30071
Phone: 678-292-6111
Hours: Monday to Friday, 9:00 a.m. to 6:00 p.m.
How long do you have to respond to an RFE?
Under the USCIS Policy Manual, the officer sets a deadline that fits the evidence requested, up to these maximums:
- RFE: up to 12 weeks (84 days) for most forms, plus 3 days if the notice was mailed (87 days). The officer can give less time.
- RFE on Form I-539 or I-601A: a maximum of 30 days, plus 3 if mailed.
- NOID: 30 days, plus 3 if mailed (33 days).
The deadline is the date USCIS must receive your response, not the date you mail it. If it falls on a weekend or federal holiday, it moves to the next business day. A response submitted online counts as received the day you submit it. Officers are not allowed to grant extra time to respond to an RFE. If you do not respond, USCIS can deny the case as abandoned or decide it on the record it has.
USCIS also tightened its approach to evidence in a policy alert dated August 5, 2026 (PA-2026-05). It gives officers full discretion to deny a case without sending an RFE or NOID first when required evidence is missing or eligibility is not shown, and it applies to cases pending on or filed on or after that date. If you do get an RFE, treat it as what may be your only chance to fix the record.
RFE, RFIE or NOID: what did you receive?
- RFE (Request for Evidence): USCIS needs more evidence before it can decide. Most RFEs are answerable.
- RFIE (Request for Initial Evidence): a required document that should have been filed with the application is missing. See Request for Initial Evidence explained.
- NOID (Notice of Intent to Deny): USCIS has already concluded the case should be denied and is giving you a final chance to rebut. The deadline is shorter and the response has to address each stated reason. See Notice of Intent to Deny and RFE vs NOID.
How we build an RFE response
- Read the notice line by line. An RFE lists the legal requirement at issue and the kinds of evidence that would satisfy it. We identify exactly what the officer found lacking, which is not always what the list of examples suggests.
- Review the original filing. If someone else prepared it, we look for the underlying problem, such as an inconsistent date, a missing translation or a weak job description, so the response does not repeat it.
- Gather and organize evidence. We tell you what to collect, from whom and in what form, including certified translations, and set internal deadlines well ahead of the USCIS date.
- Write a cover letter. The letter ties each exhibit to each point in the RFE and explains the law where needed.
- Submit everything at once. USCIS requires all requested materials to be sent together, with the original notice on top for paper filings. A partial response is treated as a request to decide the case on the current record, and USCIS will not wait for a second batch.
Common RFEs we answer
- I-485 (adjustment of status): the medical exam (Form I-693), the affidavit of support (Form I-864) and the sponsor’s income or tax records, proof of lawful entry, birth or marriage certificates, and court records for any arrest. See our adjustment of status lawyer page and how long adjustment of status takes.
- I-130 marriage petitions: evidence that the marriage is bona fide, such as joint leases, bank accounts, insurance, tax returns, children’s birth certificates, photos over time and sworn statements from people who know the couple.
- H-1B specialty occupation: showing that the position actually requires a bachelor’s degree or higher in a specific field, through detailed duties, industry evidence and the beneficiary’s credentials. See our H-1B visa lawyer page.
- I-140 employment petitions: the employer’s ability to pay the offered wage from the priority date onward, and experience letters that match the job requirements.
Switching lawyers or taking over a case mid-RFE
You can change representation at any point, including after an RFE has been issued. The new attorney files a Form G-28 (Notice of Entry of Appearance as Attorney) with the response, and USCIS then sends notices to the new attorney of record. To take over quickly, we need:
- The full RFE or NOID, every page, and the envelope or online notice date.
- A complete copy of what was filed, including the forms, supporting documents and receipt notices. You are entitled to your file from a prior preparer or lawyer.
- Your USCIS online account access, if the case was filed online.
Be careful with non-lawyers who offer to “handle” an RFE. Only an attorney or a DOJ-accredited representative can give legal advice or represent you before USCIS.
What if the deadline is close?
Call us right away with the notice in hand. When time is short, we focus first on the evidence that answers the core issue, and use the fastest submission method available: online upload for cases filed online, or overnight delivery with tracking for paper cases. Because USCIS does not grant RFE extensions, a short, complete and well-organized response sent on time is better than a perfect one that arrives late.
What happens after you submit the response?
Your online case status will usually change to “Response To USCIS’ Request For Evidence Was Received.” There is no fixed time for the officer to review it; many cases are decided within weeks to a few months, depending on the form and office. If your case is under premium processing, the RFE stops the premium clock, and a new full premium period (15, 30 or 45 business days, depending on the form) starts when USCIS receives your response. After review, USCIS may approve, issue another request or a NOID, schedule an interview, or deny. Read more in what happens after an RFE response.
If the case is denied, there may be options such as a motion to reopen or reconsider, an appeal, or refiling; deadlines are short, generally 30 days (33 if the decision was mailed). See how long an immigration appeal takes. If USCIS simply stops acting on your case long after your response, a mandamus lawsuit may be an option.
RFE response FAQ
What is the RFE response time?
Your notice states the deadline. The maximum USCIS can give is 12 weeks (84 days), plus 3 days if mailed, and many notices allow less. A NOID allows 30 days, plus 3 if mailed.
How long does it take USCIS to review an RFE response?
There is no set timeframe. Many cases move within weeks to a few months after USCIS receives the response; premium processing cases get a new 15-, 30- or 45-business-day period. Check USCIS processing times for your form and office.
How many days do I have to respond to an I-140 or I-485 RFE?
The same rule applies: the date on your notice controls, up to a maximum of 84 days plus 3 for mailing. Do not assume you have the full 12 weeks.
Can a lawyer take over my case in the middle of an RFE?
Yes. The new attorney files a G-28 with the response. The sooner you bring the notice and your complete file, the more time there is to build the evidence.
Can I send more documents after I respond?
Generally no. USCIS expects one complete response and decides on that record, which is why it is worth having an attorney review it before you send it.
Consultations
A consultation is a 30-minute appointment for $175, at our Norcross office or online. RFE and NOID responses are federal matters, so we can help applicants anywhere in the U.S. Please bring the full notice and a copy of your original filing.
Book a consultation online or call 678-292-6111.
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
