If I am abroad, can an RFE be answered by my representative in the US?

When entering the realm of immigrant visas, such as the EB-2 NIW, it is common to have questions about how to proceed at each stage of the process, especially when you are abroad. The question of whether a representative in the United States can respond to an RFE (Request for Evidence) on your behalf is quite relevant, and it is important to understand the details to ensure that all rules are properly followed.

Generally, USCIS (United States Citizenship and Immigration Services) allows an applicant to designate a legal representative to act on their behalf. This means that, if you are outside the country, it is possible to authorize an attorney or another qualified legal representative in the United States to respond to the RFE. However, this designation must be formalized, usually through a power of attorney form or another official instrument that proves your authorization for someone else to act on your behalf.

It is crucial that the representative is duly authorized to receive and respond to any additional evidence requests that USCIS may issue. It is important to emphasize that, despite having a representative, the immigration process remains a personal responsibility. This means that, although a professional can help gather and organize the necessary documents, all information must be accurate and truthful because the final decision will always be based on the analysis of the information provided.

Furthermore, the signature or final authorization, when required, must reflect your consent and responsibility regarding the content submitted to USCIS. If you choose to designate a representative, make sure they are familiar with the specific EB-2 NIW procedure and USCIS requirements. It is also advisable to always seek guidance from reliable sources and avoid proposals that guarantee results without considering the particularities of your case.

The immigration environment is strict regarding compliance with laws and, in this sense, choosing well-informed and specialized professionals is essential to minimize risks and avoid future problems. Finally, remember that, regardless of where you are, strict compliance with immigration laws is imperative. Rely on official information, ensure your documentation is in order, and be transparent at all stages of the process. This careful approach can prevent setbacks and make the procedure smoother, always respecting the rules established by USCIS.

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.