I had a disagreement with the USCIS in the RFE. Should I argue using laws?

It is important to understand that, when dealing with a Request for Evidence (RFE) in the context of an EB-1 visa, we are addressing a request from USCIS for the applicant to clarify or supplement information presented in the petition. This kind of situation can make people feel insecure, and naturally and understandably, questions arise about the best way to proceed, including whether it is worth supporting the argument using laws and regulations.

When faced with a disagreement or question from USCIS, it is essential that any response is clear, precise, and grounded in what immigration laws and policies establish. If there is an opportunity to use excerpts from laws or regulations to support your argument, this can be helpful – provided you have absolute certainty about the correct interpretation and applicability of the legal provision to the specific facts of your case.

It is worth highlighting that this strategy requires a detailed understanding of the regulatory framework and administrative procedures of the United States. However, it is essential to proceed with caution. Responses based solely on legal excerpts or legal arguments, without proper context or understanding of the administrative nuances, may not yield the expected results.

Therefore, it is always worth investing time in researching what was requested in the RFE and preparing a response that demonstrates, in an organized manner, how each raised issue complies with the regulatory requirements. This approach prevents gaps or misunderstandings that might be interpreted negatively by USCIS.

Remember: strict observance of immigration laws is indispensable. The complexity of the American system can leave room for diverse interpretations, and unfortunately, there is conflicting information and marketing campaigns promising easy solutions.

To avoid unnecessary risks and potential pitfalls, it is recommended to seek specialized guidance from professionals with proven experience in immigration law, especially in processes involving highly demanding visas such as the EB-1.

In summary, arguing based on the law can be helpful if done with precision and care. The preparation of the response should be detailed, organized, and whenever possible, reviewed by someone who deeply understands USCIS rules and the specifics of your case. In this way, the response to the RFE can be strengthened, avoiding misunderstandings and demonstrating commitment to following the rules of the US immigration process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.