Requests for Evidence, commonly known as RFE, have always been a normal part of the immigration process with USCIS. Over the years, I’ve seen many of these letters arrive asking for more proof, and we’ve successfully responded with strong evidence so our clients’ cases could move forward without issues.
However, in recent months, RFE have become much more common, especially in VAWA Visa cases, which can cause serious delays or even complications if not handled correctly.
Hello, mi gente! I’m immigration attorney María Mendoza, and today I want to clearly and simply explain what RFE are, why USCIS is requesting more of them, and what you can do to keep your case from being delayed.
What Is an RFE (Request for Evidence)?
An RFE is an official letter sent by USCIS when the officer needs additional evidence before deciding on your case. Receiving an RFE does not mean your case was denied; it simply means USCIS needs more information or documentation to reach a final decision.
These letters usually include a checklist of missing or unclear items, such as additional documents, clarifications, or more detailed evidence related to your application.
Why Is USCIS Requesting More RFEs Lately?
In my office, we’ve noticed a significant increase in RFEs under the Trump administration. During the Biden years — at least in my cases — it was rare for USCIS to ask for more proof of abuse in VAWA cases. Now, it’s very common for applicants with pending VAWA petitions to receive RFE asking for additional evidence of abuse.
One thing I’ve observed is that many of these letters appear to be generated by automated systems, often containing generic phrases and checkboxes with little explanation. In some cases, we’ve even received the same type of RFE two or three times exactly for the same reason, which causes frustration and unnecessary delays in case processing.
Learn more here: What is happening with the VAWA Visa? Wait times and approvals in 2025
Requirements for a VAWA Visa Case
Before continuing, I would like to clarify an important point: VAWA visas are not granted for any family issue or argument. This humanitarian visa is meant to protect people who have truly suffered from extreme abuse or domestic violence by a U.S. citizen or lawful permanent resident.
The main requirement is to demonstrate, with strong and credible evidence, that you experienced severe physical, emotional, psychological, financial, or legal abuse by:
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Your U.S. citizen or lawful permanent resident spouse.
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Your U.S. citizen or lawful permanent resident ex-spouse, if you divorced less than two years ago.
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Your U.S. citizen son or daughter over 21 years, if the abuse occurred after they became an adult
These cases must be carefully documented with solid proof. The law is very clear: the abuse must be extreme, not just a family disagreement or argument.
That’s why, when people file weak cases, for example, saying “my son yelled at me once” or “he gave me a bad look and I felt hurt”, USCIS is very likely to issue an RFE requesting stronger evidence. And if you can’t prove that the abuse was severe with credible documentation, your case could stall or even be denied.
In short, to have a strong VAWA petition, you must always tell the truth and back it up with real, compelling evidence of extreme abuse.
Watch this example: Does your husband control you and threaten to call immigration on you?
What Is USCIS Asking for in VAWA RFE?
In most VAWA Visa cases, we’re seeing two main types of evidence requests:
- Proof of Abuse. USCIS is asking for more concrete evidence of abuse, such as photos, videos, text messages, or any other form of proof that supports your personal declaration.
- Proof of Relationship. If your case is based on marriage to a citizen or resident, USCIS wants to verify that your relationship was real, not just for immigration benefits. They might ask for joint bank account statements, children in common, marriage certificates, shared leases or utility bills, joint insurance policies, and similar documents.
If gathering this type of evidence is difficult for you, it’s essential to work with an experienced immigration attorney who can help you document your story and strengthen your case. At The Mendoza Law Firm, we help clients prepare well-supported and credible VAWA petitions designed to stand strong even under tough scrutiny.
Learn more here: 3 Types of Evidence That Could Strengthen a VAWA Case
How to Avoid Getting an RFE
As I mentioned earlier, this rise in RFEs seems to be part of a broader strategy under the current administration to slow down or complicate immigration cases. While it’s not always possible to avoid an RFE, there are steps you can take to reduce the risk:
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Work with an immigration attorney to prepare your case and gather the right evidence.
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Take your time to complete every part of your petition carefully.
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Include strong documentation of the abuse or the family relationship, depending on your type of case.
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Avoid filing weak or incomplete cases. If you know your case is complicated or lacks evidence, talk with your attorney about building a solid legal strategy before filing.
Remember: many RFE can be avoided with proper preparation from the very beginning.
Patience, Strategy, and Strong Legal Guidance
Even under the Trump administration, we’re still winning VAWA cases, mi gente! But this is not the time to file weak or incomplete applications. While RFEs can feel like an obstacle, they’re also an opportunity, a second chance to strengthen your case and show USCIS that you truly meet the requirements.
If you’re going through this process, remember that every case is unique. The most important thing is to stay calm, be strategic, and have the support of an experienced immigration attorney who understands humanitarian visas.
Do you want to know if you qualify for a VAWA Visa? Schedule a free evaluation with my team today. At The Mendoza Law Firm, we’ll help you review your case, gather the right evidence, and protect your future here in the United States.
¡La lucha sigue!
