Requests for Evidence (RFEs) Commonly Issued by USCIS on Waiver Applications

Requests for Evidence (RFEs) Commonly Issued by USCIS on Waiver Applications

I am often contacted by applicants who have received a Request for Evidence from the USCIS and are understandably concerned and unsure how to respond.

While some Requests for Evidence are procedural and relatively simple to handle (e.g. a request for a copy of a marriage certificate, birth certificate, etc.), others are more serious and accompanied by a Notice of Intent to Deny as well.  This typically occurs because the adjudicating USCIS officer believes that the applicant failed to meet the legal threshold of the waiver being applied for.

Below are Requests for Evidence commonly issued by the USCIS to waiver applicants.  Our office has successfully responded to such requests from the USCIS on behalf of our clients for the past 12+ years.  Should such a request be issued, I recommend contacting an experienced I-601 and I-212 waiver attorney and get guidance on how to proceed.  It is extremely important that such requests be carefully and fully complied with to ensure successful approval of your waiver application.

100 RFE 601- Waiver Requirements for Unlawful Presence – INA 212(a)(9)(B)(v)
You have been found inadmissible to the United States under section 212(a)(9)(B) of the Immigration and Nationality Act (INA) because you had previously been unlawfully present in the United States in excess of either 180 days, or for one year or more.

To be eligible for a waiver under section 212(a)(9)(B)(v) of the INA, you must show that:

• You have a U.S. citizen or lawful permanent resident spouse or parent, or a U.S. citizen fiance( e) who petitioned for your K visa, who would experience extreme hardship if you were denied admission, and
• Your application should be granted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

101 RFE 601- Waiver Requirements for Criminal & Related Grounds – INA 212(h)
You have been found inadmissible to the United States under section 212(a)(2) of the Immigration and Nationality Act (INA) because of your involvement in: [ISO inserts applicable basis for inadmissibility finding]

• A crime involving moral turpitude (other than purely political offense).
• A controlled substance violation according to the laws and regulations of any country related to a single offense of simple possession of 30 grams or less of marijuana.
• Two or more convictions, other than purely political ones, for which you received sentences of confinement amounting to 5 years or more.
• Prostitution, including having procured others for prostitution or having received the proceeds of prostitution.
• Unlawful commercialized vice whether or not related to prostitution.
• Serious criminal activity but you asserted immunity from prosecution.

This office may approve a waiver of the inadmissibility ground(s) under section 212(h) of the INA, if you can show that either:

You are only inadmissible for participation in prostitution; and

• You have been rehabilitated; and
• Your admission to the United States will not be contrary to the national welfare, safety, or security of the United States; and
• Your application should be granted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

The criminal activities for which you are inadmissible occurred more than 15 years ago; and

• You have been rehabilitated; and
• Your admission to the United States will not be contrary to the national welfare, safety, or security of the United States;
• Your application should be granted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

You have a qualifying relative who is a U.S. citizen or lawful permanent resident of the United States; and

• Your qualifying relative would suffer extreme hardship on account of your ineligibility to immigrate; and
• Your application should be granted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

You are the fiance( e) of a K visa petitioner; and

• The K visa petitioner would suffer extreme hardship on account of your ineligibility to immigrate; and
• Your application should be granted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

You are a VA WA self-petitioner

In addition to the above requirements, if an applicant has been convicted of a violent or dangerous crime, USCIS will not waive the inadmissibility as a matter of discretion unless the individual can show an extraordinary circumstance, such as:

  • One involving national security or policy considerations; or
  • If the denial of your admission would result in exceptional and extremely unusual hardship.

102 RFE 601 – Waiver Requirements for Fraud/Misrepresentation – INA 212(i)
You have been found inadmissible to the United States under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA) because you sought to procure an immigration benefit by fraud or willfully misrepresenting a material fact.

To be eligible for a waiver under section 212(i) of the INA, you must show that:

• You have a U.S. citizen or lawful permanent resident spouse or parent, or a U.S. citizen fiance( e) who petitioned for your K visa, who would experience extreme hardship if you were denied admission, or
• You are a VA WA self-petitioner, and that you or your U.S. citizen, lawful permanent resident, or qualified parent or child would experience extreme hardship if you were denied admission; and ‘
• Your application should be granted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

103 RFE 601 – Waiver Requirements for Communicable Disease – INA 212(g)(1)
You have been found inadmissible to the United States under section 212( a)(1)(A)(i) of the Immigration and Nationality Act (INA) because you have a medical condition that will not allow you to enter or remain in the United States. USCIS may waive this inadmissibility ground under section 212(g)(1) of the INA as a matter of discretion after consulting with the Centers for Disease Control and Prevention (CDC).

To be eligible for this waiver, you must show that you are one of the following:

  • The spouse, parent, unmarried son or daughter, or minor unmarried lawfully adopted child of
    • A U.S. citizen; or
    • An alien lawfully admitted for permanent residence; or
    • An alien who has been issued an immigrant visa
  • A self petitioner under the Violence Against Women Act (VA WA)
  • The fiance( e) of a U.S. citizen or the fiance(e)’s child.

104 RFE 601 – Waiver Requirements for Missing Vaccinations – INA 212(g)(2)(C)
You have been found inadmissible to the United States under section 212(a)(1)(A)(2) of the Immigration and Nationality Act (INA) because you have not received the vaccines required for entry into the United States. USCIS may waive this inadmissibility ground under section 212(g)(2)(C) of the INA as a matter of discretion if you can establish that:

  • You are opposing vaccinations in any form (that is, you are not just opposed to one vaccine but that you oppose the practice of vaccination in general); and
  • Your objection is based on religious beliefs or your moral convictions; and
  • Your belief or conviction is sincere (that you actually live according to your belief and conviction, and that you do not just have the belief or conviction because you do not want to be vaccinated).

105VWR – Waiver Requirements for Physical or Mental Disorder- INA 212(g)(3) 

You have been found inadmissible to the United States under section 212(a)(1)(A)(iii) of the Immigration and Nationality Act (INA) because you were determined to have a mental or physical disorder that poses or may pose a threat to the property, safety, or welfare of you or others; or because you have a history of a physical or mental disorder and a history of behavior that poses or may pose a threat to the property, safety, or welfare of you or others because the disorder is likely to reoccur.

After consultation with the Centers for Disease Control and Prevention (CDC), USCIS may waive this inadmissibility ground under section 212(g)(3) of the INA as a matter of discretion to ensure that you have arranged for suitable health care in the United States so that your condition will no longer pose a threat to you or others.

106 RFE 601- Waiver Requirements for Membership in a Totalitarian Party – INA 212(a)(3)(D)(iv)
You have been found inadmissible to the United States under section 212(a)(3)(D) of the Immigration and Nationality Act (INA) because you had been a member of the Communist Party or another totalitarian party (or subdivision or affiliate thereof).

To be eligible for a waiver under section 212(a)(3)(D)(iv) of the INA, you must show that:

  • You are:
    • A parent, spouse, son, daughter, brother, or sister of a citizen of the United States, or
    • A spouse, son, or daughter of a lawful permanent resident of the United States; and
  • Your application should be granted to serve humanitarian purposes, to assure family unity, or because it is otherwise in the public interest; and
  • You are not a threat to the security of the United States; and
  • Your application should be granted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

107 RFE 601 – Waiver Requirements for Smuggling-INA 212(d)(11)
You have been found inadmissible to the United States under section 212(a)(6)(E) of the Immigration and Nationality Act (INA) because you had engaged in alien smuggling.

To be eligible for a waiver under section 212(d)(11) of the INA, you must show that:

  • You are:
    • An alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of removal, and are otherwise admissible to the United States as a returning resident under section 211(b) of the INA, or
    • Seeking admission or adjustment of status as an immediate relative under section INA 201(b)(2)(A) or as an immigrant under section 203(a) of the INA (first, second, and third family-based preference, but not fourth preference) or as the fiance(e) (or child of the fiance(e))’of a U.S citizen; and
    • You have encouraged, induced, assisted, abetted, or aided only an individual who at the time of such action was your spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of the law; and
    • Your application should be granted to serve humanitarian purposes, to assure family unity, or because it is otherwise in the public interest; and

Your application should be granted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

108 RFE 601- Waiver Requirements for Subject of Civil Penalty- INA 212(d)(12)
You have been found inadmissible to the United States under section 212(a)(6)(F) of the Immigration and Nationality Act (INA) because you have been the subject of a final order for violation of section 274C of the INA (Document Fraud).

To be eligible for a waiver under section 212(d)(12) of the INA, you must show that:

  • You are
    • An alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation or removal and who is otherwise admissible to the United States as a returning resident under section 211(b) of the INA, or
    • Seeking admission or adjustment of status as an immediate relative under section 201(b)(2)(A) of the INA or as an immigrant under section 203(a) of the INA (first, second, and third family-based preference, but not fourth preference) or as the fiance(e) (or child of the fiance(e)) of a U.S. citizen; and
    • This is the only civil money penalty order against you under INA 274C; and
    • You committed the offense only to assist, aid, or support your spouse or child (and not another individual); and
    • Your application should be granted to serve humanitarian purposes, to assure family unity, or because it is otherwise in the public interest; and

Your application should be granted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

109 RFE 601 – Applicant Previously Removed – INA 212(a)(9)(A)(iii)
The record indicates that in addition to the inadmissibility ground for which you have filed Form I-601, you are also inadmissible under section 212(a)(9)(A) of the Immigration and Nationality Act (INA) due to a previous removal or deportation.

An individual who is inadmissible under section 212(a)(9)(A) of the INA may file an Application for Permission to Reapply for Admission to the United States After Deportation or Removal (Form I-212).

Your application is missing evidence that you have filed Form I-212 with USCIS. Please submit a USCIS receipt notice for Form I-212 as evidence that you have filed the required application.

110 RFE 601-No Evidence of Visa Refusal or Pending I-485/I-821
An individual who is outside the United States may file Form I-601 if he or she has been found inadmissible by a U.S. Consular Officer after having applied for an immigrant visa or a nonimmigrant K or V visa.

An individual who is inside the United States may file Form I-601 along with an Application to Register Permanent Residence or Adjust Status (Form I-485) or an Application for Temporary Protected Status (Form I-821 ), or while the Form I-485 or Form I-821 is pending.

Your application is missing evidence that your waiver application is based on either:

  • An immigrant visa application (or nonimmigrant K or V visa application) filed with the Department of State (DOS), for which you were found ineligible due to an inadmissibility ground; or
  • A pending Form I-485 or Form I-821.

Please provide the following evidence to support your application:

  • If you are outside the United States, submit evidence that you have a pending immigrant visa application (or nonimmigrant K or V visa application), such as a copy of a DOS notice identifying your Consular Case Number.
  • If you are inside the United States and have a pending Form I-485 or Form I-821, submit evidence that you have a pending application, such as a copy of your USCIS receipt notice (Form I-797).

111RFE601-Missing Signature Form I-601
According to the Form I-601 Instructions on page 2 under General Instructions:

Each application must be properly signed.  A photocopy of a signed application or type written name in place of a signature is not acceptable.

4. Applicant’s Signature. You must sign this application personally, unless one of the following exceptions apply.

  • If you are under 14 years of age, your parent or legal guardian may sign the application for you.
  • If you are not competent to sigh the application, but you are over 14 years of age, a duly appointed legal guardian may sign the application for you or
  • If you are filing this application to waive inadmissibility for a communicable disease of public health significance (under INA section 212(g)), and you are not competent to sign the application, a qualified family member listed in “Specific Instructions, Applicants Seeking A Waiver of Health-Related Grounds of Inadmissibility Under INA Section 212(a)(1). 1. Applicants Seeking a Waiver under INA Section 212(g)(1) of inadmissibility Due to Communicable Diseases” may file and sign the waiver application on your behalf. This qualifying relative may sign the application for you even if that person is not your legal guardian.

Your Form I-601, Application for Waiver of Grounds of Inadmissibility is missing a required signature of the applicant.  Please sign the enclosed copy and return.

113 RFE 601-Missing Signature Form I-212
According to the Form I-212 Instructions on page 4 under General Instructions:

4. Applicant’s Signature. Under 8 CFR 103.2(a)(2), you must sign this application personally. A parent or legal guardian may also sign the application for someone under 14 years of age, and a duly appointed legal guardian may sign for an adult who is incompetent to sign the application. A copy of the signed application or a typewritten
name in place of a signature is not acceptable.

Your Form I-212, Application for Permission to Reappply for Admission Into the United States After Deportation or Removal is missing a required signature of the applicant.  Please sign the enclosed copy and return.

114 RFE 601-App EWI 1 yr & attempt EWI – INA 212(a)(9)(C) – Need I-212 (must be out 10 years)
The record indicates that in addition to the inadmissibility ground for which you have filed Form I-601, you are also inadmissible under section 212(a)(9)(C) of the Immigration and Nationality Act (INA) when the alien enters the United States without being admitted (i.e., EWIs), or attempts to enter the United States without being admitted (i.e., tries to EWI) after the alien:

  • Has been unlawfully present in the United States for more than one year in the aggregate since April 1, 1997 (i.e., if the total amount of unlawful time since April 1, 1997 amount to 366 or more days) and then EWI’d (or attempted to EWI), or
  • Has been ordered removed under section 235(b)(1) (expedited removal), section 240 (regular removal) or any other provision of law and then EWI’d (or attempted to EWI).

An individual who is inadmissible under section 212(a)(9)(C) of the INA may file an Application for Permission to Reapply for Admission to the United States After Deportation or Removal (Form I-212) after the alien has left the United States, and has been abroad continuously for at least 10 years.

Your application is missing evidence that you have filed Form I-212 with USCIS.  Please submit a USCIS receipt notice for Form I-212 as evidence that you have filed the required application or file Form I-212 With proper fee with your response to this request for evidence.

200 RFE 601- Qualifying Relationship to spouse or parent
Your application indicates that your qualifying relative (spouse or parent) is a U.S. citizen or lawful permanent resident of the United States. However, the evidence submitted does not establish this relationship.

USCIS has approved a Petition for Alien Relative (Form I-130), which the qualifying relative filed on your behalf, please submit a copy of the Form I-130 approval notice.  If your qualifying relative has not filed a Form I-130 on your behalf, please submit the following evidence to establish the relationship:

To your spouse:

  • A copy of your marriage certificate
  • If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.

To your mother:

  • A copy of your birth certificate showing your name and the name of your mother.

To your father:

  • A copy of your birth certificate showing both parents’ names.
  • A copy of your parents’ marriage certificate or other evidence that you were legitimated before reaching 18 years of age.
  • A copy of evidence of legal termination of your parents’ prior marriages, if any.
  • If you were born out of wedlock and were not legitimated before reaching 18 years of age, you must include copies of evidence that a bona fide parent-child relationship existed between you and your father before you reached 21 years of age. This may include evidence that your father lived with you, supported you, or otherwise showed continuing parental interest in your welfare.

To your adoptive parent:

  • A copy of the final adoption decree listing the individual as your adoptive parent.
  • Evidence that your adoption met the requirements of section 101(b)(1)(E), (F), or (G) of the INA, as appropriate:
    • For section 101(b)(1)(E) – evidence that your adoptive parent adopted you before you reached the age specified in section 101(b)(1)(E) of the INA, and that your adoptive parent had legal custody of you and resided with you for at least two years
    • For section 101(b)(1)(F) – submit the approval notice for your Form 1-600, Petition to Classify Orphan as Immediate Relative

For section 101(b)(1)(G) – submit the approval notice for your Form I-800, Petition to Classify Convention Adoptee as Immediate Relative.

201 RFE 601- Status of Qualifying Relative

Your application indicates that your qualifying relative (spouse or parent) is a U.S. citizen or lawful permanent resident of the United States. However, the evidence you submitted does not establish that your relative is a U.S. citizen or lawful permanent resident of the United States.

Please submit:

Evidence that your relative is a U.S. citizen:

  • If your relative was born in the United States, a copy of his or her birth certificate, issued by a civil registrar, vital statistics office, or other civil authority.
  • A copy of your relative’s naturalization certificate or certificate of citizenship issued by USCIS or the former INS.
  • A copy of Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. Embassy or consulate for your relative.
  • A copy of the unexpired U.S. passport for your relative.

Evidence that your relative is a lawful permanent resident:

A copy of the front and back of your relative’s permanent resident card. If your relative has not yet received the.card, submit copies of his or her passport’s biographic page and the page showing admission as a permanent resident, or other evidence of permanent resident status issued by USCIS or the former INS.

202 RFE 601 – Extreme Hardship
Your application does not include sufficient evidence that your qualifying relative (spouse, fiance(e) or parent) would suffer extreme hardship if you are refused admission to the United States.

Factors USCIS considers when determining extreme hardship include, but are not limited to:

  • Health – Ongoing or specialized treatment required for a physical or mental condition; availability and quality of such treatment in the country to which removed; anticipated duration of the treatment; chronic vs. acute vs. long or short-term.
  • Financial Considerations – Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (elderly and sick parents).
  • Education – Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time or grade; availability of special requirements, such as training programs or internships in specific fields.
  • Personal Considerations – Close relatives in the United States and country of removal; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
  • Special Factors – Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures (official or unofficial) for support, guidance, or protection.

Please submit a statement explaining in detail the hardships your qualifying relative would experience if you are denied admission to the United States. The statement should explain how the hardship is greater than the common results of family separation due to a visa refusal.  Please submit evidence to support the statement. Such evidence may include, but is not limited to:

  • Affidavits from the qualifying relative or other individuals with personal knowledge of the claimed hardships
  • Expert opinions
  • Evidence of employment or business ties, such as payroll records or tax statements
  • Evidence of monthly expenditures such as mortgage, rental agreement, bills and invoices, etc.
  • Other financial records supporting any claimed financial hardships
  • Medical documentation and/or evaluations by medical professionals supporting any claimed medical hardships
  • Records of membership in community organizations, volunteer confirmation, and evidence of cultural affiliations
  • Birth/marriage/adoption certificates supporting any claimed family ties
  • Country condition reports
  • Any other evidence you believe supports the claimed hardships

Please note that USCIS will only consider hardships that affect the qualifying relative(s) upon which you are basing your eligibility. If you describe hardship to yourself or another individual, you must also explain how those factors affect the qualifying relative(s).

203 RFE 601-K-Visa Beneficiary
Your application indicates that your fiance(e) is a U.S. citizen. However, you have not submitted evidence that you are the beneficiary of an approved Petition for Alien Fiance(e) (Form I-129F).

Please submit an approval notice for Form I-129F, which your U.S. citizen fiance(e) filed on your behalf.

204 RFE 601 – Discretion
Your application does not include sufficient evidence that a favorable exercise of discretion is warranted in your case.

Please submit a statement explaining the favorable factors of your case and why you believe the favorable factors outweigh unfavorable factors in your case (including the initial inadmissibility finding).

Please submit any evidence to support your statement.

Favorable factors may include, but are not limited to:

  • Family ties in the United States and the closeness of the underlying relationships
  • Unusual hardship to yourself or to U.S. citizen or lawful permanent resident relatives and employers
  • Evidence of reformation and rehabilitation
  • Length of lawful residence in the United States and status held during that residence (particularly where the applicant began his or her residency at a young age)
  • Evidence of respect for law and order, good moral character, and intent to hold family responsibilities (such as affidavits from family, friends, and responsible community representatives)
  • Considerable passage of time since the activities occurred, which were the basis of the inadmissibility finding .
  • The absence of significant undesirable or negative factors

300 RFE 601- Criminal History Records

Criminal History Records

Your application indicates that you have a criminal history record, including:

Your application is missing evidence relating to your criminal history. Please submit:

  • A certified copy of any judgment and conviction documents related to your arrests, which clearly identify the charges and dispositions; and
  • A copy of any pardons, clemency or other expungement records related to your arrests.

If you were convicted of a crime committed outside the United States, please include a copy of the section of law from the penal code of the jurisdiction of the country in which you were arrested showing the charge and maximum possible penalty.

301 RFE 601- Rehabilitation
Your application indicates that the activities for which you were found inadmissible occurred more than 15 years ago or that you are only inadmissible for engaging in prostitution.

Your application is missing sufficient evidence of your rehabilitation. Please submit evidence of your rehabilitation.

Such evidence may include, but is not limited to:

  • Evidence that you have not had any encounters with law enforcement since, and that you have not been convicted of a crime since.
  • Evidence that you complied with the requirements imposed by the judgment.
  • Character reference letters from individuals of high standing in your community.
  • Evidence of counseling you received.
  • Evidence of community service you provided.
  • Any other evidence you believe supports your claimed rehabilitation.

302 RFE 601- Qualifying Relationship – Criminal
Your application indicates that your qualifying relative (spouse, parent, son or daughter) is a U.S. citizen or lawful permanent resident of the United States. However, the evidence submitted does not establish this relationship.

If USCIS has approved a Petition for Alien Relative (Form I-130), which the qualifying relative filed on your behalf, please submit a copy of the Form I-130 approval notice. If your qualifying relative has not filed a Form I-130 on your behalf, please submit the following evidence to establish the relationship:

To your spouse:

  • A copy of your marriage certificate.
  • If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated. ·

To your son or daughter:

  • A copy of the child’s birth certificate showing your name and the name of your child.
  • If you are the child’s father, include a copy of your marriage certificate (and evidence of legal termination of any prior marriages) or other evidence that the child was legitimated before reaching 18 years of age. If the child was born out of wedlock and was not legitimated before reaching 18 years of age, you must include copies of evidence that a bona fide parent-child relationship existed between you and the child before the child reached 21 years of age. This may include evidence that you lived with the child, supported him or her, or otherwise showed continuing parental interest in the child’s welfare.

To your adopted son or daughter:

  • A copy of the final adoption decree for the child listing you as his or her adoptive parent.
  • Evidence that your adoption of your son or daughter met the requirements of section 101(b)(1)(E), (F), or (G) of the INA, as appropriate:
    • For section 101(b)(1)(E)- evidence that you adopted your son or daughter before your son or daughter reached the age specified in section 101(b)(1)(E) of the INA, and that you had legal custody of your adopted son or daughter and resided with your adopted son or daughter for at least two years
    • For section 101(b)(1)(F) – submit the approval notice for your Form I-600, Petition to Classify Orphan as Immediate Relative
    • For section 101(b)(1)(G)- submit the approval notice for your Form I-800, Petition to Classify Convention Adoptee as Immediate Relative

To your mother:

  • A copy of your birth certificate showing your name and the name of your mother.

To your father:

  • A copy of your birth certificate showing both parents’ names.
  • A copy of your parents’ marriage certificate or other evidence that you were legitimated before reaching 18 years of age.
  • A copy of evidence of legal termination of your parents’ prior marriages, if any.
  • If you were born out of wedlock and were not legitimated before reaching 18 years of age, you must include copies of evidence that a bona fide parent-child relationship existed between you and your father before you reached 21 years of age. This may include evidence that your father lived with you, supported you, or otherwise showed continuing parental interest in your welfare.

To your adoptive parent:

  • A copy of the final adoption decree listing the individual as your adoptive parent.
  • Evidence that your adoption met the requirements of section 101(b)(1)(E), (F), or ( G) of the INA, as appropriate:
    • For section 101(b)(1)(E) – evidence that your adoptive parent adopted you before you reached the age specified in section 101(b)(1)(E) of the INA, and that your adoptive parent had legal custody of you and resided with you for at least two years
    • For section 101(b)(1)(F) – submit the approval notice for your Form I-600, Petition to Classify Orphan as Immediate Relative

For section 101(b)(1)(G) – submit the approval notice for your Form I-800, Petition to Classify Convention Adoptee as Immediate Relative.

303 RFE 601- Status of Qualifying Relative – Criminal
Your application indicates that your qualifying relative (spouse, parent, son or daughter) is a U.S. citizen or lawful permanent resident of the United States. However, the evidence you submitted does not establish that your relative is a U.S. citizen or lawful permanent resident of the United States. Please submit:

Evidence that your relative is a U.S. citizen:

  • If your relative was born in the United States, a copy of his or her birth certificate, issued by a civil registrar, vital statistics office, or other civil authority.
  • A copy of your relative’s naturalization certificate or certificate of citizenship issued by USCIS or the former INS.
  • A copy of Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. Embassy or consulate for your relative.
  • A copy of the unexpired U.S. passport for your relative.

Evidence that your relative is a lawful permanent resident:

A copy of the front and back of your relative’s permanent resident card. If your relative has not yet received the card, submit copies of his or her passport’s biographic page and the page showing admission as a permanent resident, or other evidence of permanent resident status issued by USCIS or the former INS.

400 RFE 601- Qualifying Relationship – Medical
Your application indicates that you have a qualifying relative (spouse, parent, unmarried son or daughter, or minor unmarried lawfully adopted child) who is a U.S. citizen, lawful permanent resident of the United States, or an immigrant visa holder. However, the evidence submitted does not establish this relationship.

If USCIS has approved a Petition for Alien Relative (Form I-130), which the qualifying relative filed on your behalf, please submit a copy of the Form I-130 approval notice. If your qualifying relative has not filed a Form I-130 on your behalf, please submit the following evidence to establish the relationship:

To your spouse:

  • A copy of your marriage certificate.
  • If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.

To your son or daughter:

  • A copy of the child’s birth certificate showing your name and the name of your child.
  • If you are the child’s father, include a copy of your marriage certificate (and evidence of legal termination of any prior marriages) or other evidence that the child was legitimated before reaching 18 years of age. If the child was born out of wedlock and was not legitimated before reaching 18 years of age, you must include copies of evidence that a bona fide parent-child relationship existed between you and the child before the child reached 21 year of age. This may include evidence that you lived with the child, supported him or her, or otherwise showed continuing parental interest in the child’s welfare.

To your adopted son or daughter:

  • A copy of the final adoption decree for the child listing you as his or her adoptive parent.
  • Evidence that your adoption of your son or daughter met the requirements of section 101(b)(1)(E), (F), or (G) of the INA, as appropriate:
    • For section 101(b)(1)(E) – evidence that you adopted your son or daughter before your son or daughter reached the age specified in section 101(b)(1)(E) of the INA, and that you had legal custody of your adopted son or daughter and resided with your adopted son or daughter for at least two years
    • For section 101(b)(1)(F)- submit the approval notice for your Form I-600, Petition to Classify Orphan as Immediate Relative
    • For section 101(b)(1)(G)- submit the approval notice for your Form I-800, Petition to Classify Convention Adoptee as Immediate Relative

To your mother:

  • A copy of your birth certificate showing your name and the name of your mother.

To your father:

  • A copy of your birth certificate showing both parents’ names.
  • A copy of your parents’ marriage certificate or other evidence that you were legitimated before reaching 18 years of age.
  • A copy of evidence of legal termination of your parents’ prior marriages, if any.
  • If you were born out of wedlock and were not legitimated before reaching 18 years of age, you must include copies of evidence that a bona fide parent-child relationship existed between you and your father before you reached 21 years of age. This may include evidence that your father lived with you, supported you, or otherwise showed continuing parental interest in your welfare.

To your adoptive parent:

  • A copy of the final adoption decree, listing the individual as your adoptive parent.
  • Evidence that your adoption met the requirements of section 101(b)(1)(E), (F), or (G) of the INA, as appropriate:
    • For section 101(b)(1)(E)- evidence that your adoptive parent adopted you before you reached the age specified in section 101(b)(1)(E) of the INA, and that your adoptive parent had legal custody of you and resided with you for at least two years
    • For section 101(b)(1)(F) – submit the approval notice for your Form I-600, Petition to Classify Orphan as Immediate Relative

For section 101(b)(1)(G)- submit the approval notice for your Form I-800, Petition to Classify Convention Adoptee as Immediate Relative

401 RFE 601-Status of Qualifying Relative – Medical
Your application indicates that your qualifying relative (spouse, parent, unmarried son or daughter, or minor unmarried lawfully ad.opted child) is a U.S. citizen or lawful permanent resident of the United States. However, the evidence you submitted does not establish that your relative is a U.S. citizen or lawful permanent resident of the United States. Please submit:

Evidence that your relative is a U.S. citizen:

  • If your relative was born in the United States, a copy of his or her birth certificate, issued by a civil registrar, vital statistics office, or other civil authority.
  • A copy of your relative’s naturalization certificate or certificate of citizenship issued by USCIS or the former INS.
  • A copy of Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. Embassy or consulate for your relative.
  • A copy of the unexpired U.S. passport for your relative.

Evidence that your relative is a lawful permanent resident:

A copy of the front and back of your relative’s permanent resident card. If your relative has not yet received the card, submit copies of his or her passport’s biographic page and the page showing admission as a permanent resident, or other evidence of permanent resident status issued by USCIS or the former INS.

402 RFE 601-Immigrant Visa for Relative
Your application indicates that your qualifying relative (spouse, parent, unmarried son or daughter, or minor unmarried lawfully adopted child) has been issued an immigrant visa.  However, your application is missing evidence that your qualifying relative has been issued an immigrant visa. Please submit a copy of your qualifying relative’s immigrant visa.

403 RFE 601-Tuberculosis
Your application indicates that you have active Tuberculosis that is communicable. This condition does not allow you to enter the United States under a waiver, unless you have demonstrated that you or your sponsor arranged suitable care in the United States. For this purpose, please submit Page 6 of Form I-601 after it has been completed according to the Form Instructions.

404 RFE 601-CDC Consultation-TB
Your application indicates that you have [                             ].  With your application, you submitted initial evidence as outlined in the form’s instructions. As required by law, USCIS has forwarded your information to the CDC for
consultation. CDC requires additional information to determine whether you have identified a suitable health care provider in.the United States, as outlined in the attached letter from CDC.  Please submit the information requested in CDC’s letter.

405 RFE 601-Missing Vaccines
Your application is missing sufficient evidence that your objection to the required vaccinations is based on a religious belief or moral conviction. Please submit a signed sworn statement explaining why you are opposed to receiving the required vaccinations. Your statement must include a declaration that you are making the statement under penalty of perjury; however it does not need to be notarized. The statement must state whether:

  • You are opposed to vaccinations in any form
  • Your opposition to the vaccinations is based on a religious belief or moral conviction
  • Your belief or conviction is sincere
  • Please submit evidence to support your signed statement. Evidence may include, but is not limited to:
    • Signed affidavits from religious leaders attesting to the religious objection to vaccinations and/or your personal religious convictions.
    • Information about your religious beliefs or moral convictions as they relate to receiving vaccinations.
    • Any other evidence establishing that your belief or conviction is sincere.

406 RFE 601-Physical/Mental Disorder-Medical History Report
Submit a complete medical history and report. See the Form I-601 Instructions for information that must be included in the report.

407 RFE 601-CDC Consultation-Physical/Mental Disorder
Your application indicates that you have [                                       ].  With your application, you submitted initial evidence as outlined in the form’s instructions. As required by law, USCIS has forwarded your information to the CDC for consultation. CDC requires additional information to determine whether you have identified a suitable health care provider in the United States, as outlined in the attached letter from CDC. Please submit the information requested in CDC’s letter.

500 RFE 601 – Qualifying Relationship-Membership in Totalitarian Party
Your application indicates that your spouse, parent, son, daughter, brother or sister is a U.S. citizen or that your spouse, son or daughter is lawful permanent resident of the United States. If USCIS has approved a Petition for Alien Relative (Form I-130), which the qualifying relative filed on your behalf, please submit a copy of the Form I-130 approval notice. If your qualifying relative has not filed a Form I-130 on your behalf, please submit the following evidence to establish the relationship:

To your spouse:

  • A copy of your marriage certificate.
  • If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.

To your son or daughter:

  • A copy of the child’s birth certificate showing your name and the name of your child.
  • If you are the child’s father, include a copy of your marriage certificate (and evidence of legal termination of any prior marriages) or other evidence that the child was legitimated before reaching 18 years of age. If the child was born out of wedlock and was not legitimated before reaching 18 years of age, you must include copies of evidence that a bona fide parent-child relationship existed between you and the child before the child reached 21 years of age. This may include evidence that you lived with the child, supported him or her, or otherwise showed continuing parental interest in the child’s welfare.

To your adopted son or daughter:

  • A copy of the final adoption decree for the child listing you as his or her adoptive parent.
  • Evidence that your adoption of your son or daughter met the requirements of section 101(b)(1)(E), (F), or (G) of the INA, as appropriate:
    • For section 101 (b)(1)(E) – evidence that you adopted your son or daughter before your son or daughter reached the age specified in section 101(b)(1)(E) of the INA, and that you had ‘legal custody of your adopted son or daughter and resided with your adopted son or daughter for at least two years
    • For section 101(b)(1)(F)-submit the approval notice for your Form I-600, Petition to Classify Orphan as Immediate Relative
    • For section 101(b)(1)(G)- submit the approval notice for your Form 1-800, Petition to Classify Convention Adoptee as Immediate Relative

To your mother:

  • A copy of your birth certificate showing your name and the name of your mother.

To your father:

  • A copy of your birth certificate showing both parents’ names.
  • A copy of your parents’ marriage certificate or other evidence that you were legitimated before reaching 18 years of age.
  • A copy of evidence of legal termination of your parents’ prior marriages, if any.
  • If you were born out of wedlock and were not legitimated before reaching 18 years of age, you must include copies of evidence that a bona fide parent-child relationship existed between you and your father before you reached 21. years of age. This may include evidence that your father lived with you, supported you, or otherwise showed continuing parental interest in your welfare. ·

To your adoptive parent:

  • A copy of the final adoption decree listing the individual as your adoptive parent.
  • Evidence that your adoption met the requirements of section 101(b)(1)(E), (F), or (G) of the INA, as appropriate:
    • For section 101(b)(1)(E)- evidence that your adoptive parent adopted you before you reached the age specified in section 101(b)(l)(E) of the INA, and that your adoptive parent had legal custody of you and resided with you for at least two years
    • For section 101(b)(1)(F)- submit the approval notice for your Form I-600, Petition to Classify Orphan as Immediate Relative
    • For section 101(b)(1)(G)- submit the approval notice for your Form 1-800, Petition to Classify Convention Adoptee as Immediate Relative

To your brother or sister:

  • A copy of your birth certificate.
  • A copy of your brother or sister’s birth certificate.
  • If you and your brother/sister have only a common father, submit:
    • A copy of your parent’s marriage certificate.

Evidence of legal termination of your parents’ prior marriages, if any.

501 RFE 601-Humanitarian, Family Unity or Public Interest
Your application does not include sufficient evidence that granting the waiver would serve humanitarian purposes or family unity, or otherwise be in the public interest. Please submit evidence explaining why granting the waiver would advance these interests.

600 RFE 601- Relationship at time of Action-Smuggling
Your application for a waiver indicates that the only individual(s) you encouraged, induced, assisted, abetted, or aided to enter the United States in violation of the law was either your spouse, parent, son, or daughter and no other individual. However, your application does not contain sufficient evidence establishing the relationship at the time you engaged in these actions.  If USCIS has approved a Petition for Alien Relative (Form I-130), which the qualifying relative filed on your behalf on or before you engaged in these actions, please submit a copy of the Form I-130 approval notice. If your qualifying relative has not filed a Form I-130 on your behalf, please submit the following evidence to establish the relationship:

To your spouse:

  • A copy of your marriage certificate.
  • If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.

To your son or daughter:

• A copy of the child’s birth certificate showing your name and the name of your child.
• If you are the child’s father, include a copy of your marriage certificate (and evidence of legal termination of any prior marriages) or other evidence that the child was legitimated before reaching 18 years of age. If the child was born out of wedlock and was not legitimated before reaching 18 years of age, you must include copies of evidence that a bona fide parent-child relationship existed between.you and the child before the child reached 21 years of age. This may include evidence that you lived with the child, supported him or her, or otherwise showed continuing parental interest in the child’s welfare.

To your adopted son or daughter:

• A copy of the final adoption decree for the child listing you as his or her adoptive parent.
• Evidence that your adoption of your son or daughter met the requirements of section 101(b)(1)(E), (F), or (G) of the INA, as appropriate:

o For section 101(b)(1)(E) – evidence that you adopted your son or daughter before your son or daughter reached the age specified in section 101(b)(1)(E) of the INA, and that you had legal custody of your adopted son or daughter and resided with your adopted son or daughter for at least two years
o For section 101(b)(1)(F) – submit the approval notice for your Form I-600, Petition to Classify Orphan as Immediate Relative
o For section 101(b)(1)(G)- submit the approval notice for your Form I-800, Petition to Classify Convention Adoptee as Immediate Relative

To your mother:

• A copy of your birth certificate showing your name and the name of your mother.

To your father:

• A copy of your birth certificate showing both parents’ names.
• A copy of your parents’ marriage certificate or other evidence that you were legitimated before reaching 18 years of age.
• A copy of evidence of legal termination of your parents’ prior marriages, if any.
• If you were born out of wedlock and were not legitimated before reaching 18 years of age, you must include copies of evidence that a bona fide parent-child relationship existed between you and your father before you reached 21 years of age. This may include evidence that your father lived with you, supported you, or otherwise showed continuing parental interest in your welfare.

To your adoptive parent:

  • A copy of the final adoption decree listing the individual as your adoptive parent.
  • Evidence that your adoption met the requirements of section 101(b)(1)(E), (F), or (G) of the INA, as appropriate:

o For section 101(b)(1)(E) – evidence that your adoptive parent adopted you before you reached the age specified in section 101(b)(1)(E) of the INA, and that your adoptive parent had legal custody of you and resided with you for at least two years
o For section 101(b)(1)(F)- submit the approval notice for your Form 1-600, Petition to Classify Orphan as Immediate Relative

For section 101(b)(1)(G)- submit the approval notice for your Form I-800, Petition to Classify Convention Adoptee as Immediate Relative

604 RFE 601-Diversity Program

An individual who is outside the United States may file Form I-601 if he or she has been found inadmissible by a U.S. Consular Officer after having applied for an immigrant visa or a nonimmigrant K or V visa.

You previously were refused a visa under the 2012 Diversity Visa Program (DV2012).  However, DV2012 ended September 30, 2012 and no additional DV visas for that fiscal year can be issued at this time.

Please submit evidence that you have a pending immigrant visa application (or nonimmigrant K or V visa application) other than the DV2012 application, such as a copy of a Department of State notice identifying your Consular Case Number.  You must also submit evidence of a Department of State visa refusal notice that was
issued after XXXinsert dateXXX.

700 RFE 601-Relationship at time of Action-Subject to Civil Penalty

Your application for a waiver indicates that you committed the offense solely to assist, aid, or support your spouse or child and no other individual. However, your application does not contain sufficient evidence establishing the relationship to these individuals at the time you engaged in these actions.

If USCIS has approved a Petition for Alien Relative (Form I-130), which the qualifying relative filed on your behalf on or before you engaged in these actions, please submit a copy of the Form I-130 approval notice. If your qualifying relative has not filed a Form I-130 on your behalf, please submit the following evidence to establish the relationship:

To your spouse:

• A copy of your marriage certificate.
• If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.

To your son or daughter:

  • A copy of the child’s birth certificate showing your name and the name of your child.
  • If you are the child’s father, include a copy of your marriage certificate (and evidence of legal termination of any prior marriages) or; other evidence that the child was legitimated before reaching 18 years of age. If the child was born out of wedlock and was not legitimated before reaching 18 years of age, you must include copies of evidence that a bona fide parent-child relationship existed between you and the child before the child reached 21 years of age. This may include evidence that you lived with the child, supported him or her, or otherwise showed continuing parental interest in the child’s welfare.

To your adopted son or daughter:

• A copy of the final adoption ·decree for the child listing you as his or her adoptive parent.
• Evidence that your adoption of your son or daughter met the requirements of section 101(b)(1)(E), (F), or (G) of the INA, as appropriate:

o For section 101(b)(1)(E) – evidence that you adopted your son or daughter before your son or daughter reached the age specified in section 101(b)(1)(E) of the INA, and that you had legal custody of your adopted son or daughter and resided with your adopted son or daughter for at least two years
o For section 101(b)(1)(F)- submit the approval notice for your Form I-600, Petition to Classify Orphan as Immediate Relative
o For section 101(b)(1)(G)- submit the approval notice for your Form I-800, Petition to Classify Convention Adoptee as Immediate Relative

To.your mother:

• A copy of your birth certificate showing your ‘name and the name of your mother.

To your father:

• A copy of your birth certificate showing both parents’ names.
• A copy of your parents’ marriage certificate or other evidence that you were legitimated before reaching 18 years of age.
• A copy of evidence of legal termination of your parents’ prior marriages, if any.
• If you were born out of wedlock and were not legitimated before reaching 18 years of age, you must include copies of evidence that a bona fide parent-child relationship existed between you and your father before you reached 21 years of age. This may include evidence that your father lived with you, supported you, or otherwise showed continuing parental interest in your welfare.

To your adoptive parent:
• A copy of the final adoption decree listing the individual as your adoptive parent.
• Evidence that your adoption met the requirements of section 101(b)(1)(E), (F), or (G) of the INA, as appropriate:

o For section 101 (b)(1)(E)..:. evidence that your adoptive parent adopted you before you reached the age specified in section 101(b)(1)(E) of the INA, and that your adoptive parent had legal custody of you and resided with you for at least two years
o For section 101(b)(1)(F)- submit the approval notice for your Form I-600, Petition to Classify Orphan as Immediate Relative

For section 101(b)(1)(G)- submit the approval notice for your Form I-800, Petition to Classify Convention Adoptee as Immediate Relative

800 RFE 601 – Immigrant Visa Applicant Not Interviewed

An individual who is outside the United States may file Form I-601 only if he or she has been found inadmissible by a U.S. consular officer at an immigrant visa or nonimmigrant K or V visa interview.

Department of State (DOS) records show that you have a pending immigrant visa application, but there is no record that you were interviewed by a consular officer and found ineligible for an immigrant visa based on a ground of inadmissibility that can be waived.

Please provide the following to support your application:

• Evidence that you have been interviewed by a DOS consular officer and found to be inadmissible and ineligible for an immigrant visa (or nonimmigrant K or V visa), such as a notice from the consulate showing that you were interviewed and found ineligible for the visa.

801 RFE 601-Immigrant Visa Application Closed/Terminated

An individual who is outside the United States may file Form I-601 if he or she has been found inadmissible by a U.S. Consular Officer at an immigrant visa or nonimmigrant K or V visa interview.

Department of State (DOS) records show that you had a pending visa application (Consular Case Number XXXInsert case number:XXX), but that the visa application was closed or terminated for lack of action.

Therefore, your application is missing evidence that your waiver application is based on a pending immigrant visa application (or nonimmigrant K or V visa application) filed with DOS, for which you were found ineligible due to an inadmissibility ground. Please provide the following to support your application:

• Evidence that you have a pending immigrant visa application (or nonimmigrant K or V visa application), such as a copy of a DOS notice identifying your new Consular Case Number or;
• A notice from the consulate showing that your previous application has been reopened.

802 RFE 601-Signature of Applicant on G-28

The Form G-28 (Notice of Entry of Appearance as Attorney or Representative) initially submitted with your I-601 application is not recognized by this Service because the applicant did not sign the form. This form must be signed by the applicant for it to be recognized by this Service. Therefore you must resubmit this form with the correct original signature if you wish to be represented in the future. Please note this request for additional evidence was not forwarded to the attorney listed on the G-28.

NOTE: Photocopied signatures and signatures from the Qualifying Family Member are not acceptable.

803 RFE 601-Police Clearance Letters

YOU must submit a local police clearance certificate for each jurisdiction (city, town, county, or municipality) in which you have resided for six months or more within the past three years. If the police clearance letters are in a foreign language please provide a certified translation.

Please note: The police clearance certificate(s) must be researched by name and date of birth. You must supply the law enforcement agency with all aliases you have used, including maiden name, if applicable. Fingerprint cards are not acceptable evidence of a police clearance certificate.

If any record indicates that you have been arrested, you must provide documentation of each of the following:

a. The final disposition (your sentence, probation, dismissal, etc.) of every charge against you. The charge and disposition must be specifically identified (not merely numeric citations or codes).

b. If you were convicted of any charge, you must also provide evidence showing whether the charge for which you were convicted was classified as a felony or misdemeanor. You may submit a copy of the pertinent statute, sentencing guidelines, and/or statement from the court clerk or police department for this purpose.