Immigration

What to Do When USCIS Sends a Request for Evidence After Citizenship Interview

Preparing for a second naturalization interview at USCIS.
By Richard Link, J.D. · UC Davis School of Law
Updated: Jan 16th, 2024
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Instead of approving or denying your naturalization application after the citizenship interview, the officer from U.S. Citizenship and Immigration Services (USCIS) might tell you that no decision can be issued yet. The officer might immediately explain what the problem is, or might send you home and tell you to await a decision. You might then receive a letter with either a request for more evidence or a notice of USCIS’s intent to deny your application.

In these sorts of situations, it’s possible you will be asked to attend another interview at your local USCIS office. Here's how to handle this situation.



What It Means to Get a Request for Evidence From USCIS

If the USCIS officer who conducted your first naturalization interview determined that you didn’t provide enough documents—or the right kind of documents—to prove your eligibility for U.S. citizenship, the officer will give you, or send you in the mail, a written “request for evidence” or "RFE."

You will probably have 30 days in which to give USCIS the evidence it needs, although the officer could give you a different deadline.

Take a careful look at the request, and try to understand what the core issue is. If, for example, the officer is asking for proof of travel dates, there might be concern that you spent too much time outside the U.S. to qualify for citizenship yet; and you'll want to take a careful look at your travel dates and run the math yourself. Or if they're asking for information on a criminal conviction, it probably means your fingerprint check turned something up, which you'll want to follow up on yourself. (Definitely consult a lawyer if you feel some mistake is being made.)

After you respond to the request for evidence, USCIS will most likely be able to make a decision on whether to grant or deny your U.S. citizenship. If you don’t respond at all, or if you miss the deadline, you’re probably not going to get approved for citizenship. (There's only a slim chance the USCIS officer will look at all the documents you provided the first time and decide you’re eligible for citizenship after all.)

Attending Another Naturalization Interview at USCIS

USCIS can also call you for another interview if the officer needs to speak to you again to resolve any issues on your eligibility for U.S. citizenship. This usually happens when something in your application, something you said in your first interview, or some document you provided is confusing to the officer or doesn’t match information that USCIS received or discovered after your interview.

Another reason for a second interview is that USCIS needs you to answer questions about what has happened since your first interview, such as an arrest or divorce.

If you can't figure out why you're being called in for a second interview, or aren't sure there's a way to convince the officer that you are eligible to become a naturalized U.S. citizen, by all means consult an attorney for help.

When the Second USCIS Interview Will Be Scheduled

USCIS can’t make you come back for another naturalization interview any sooner than 60 days after your first. Usually the second interview will be scheduled to occur 60 to 90 days after the first, because the law encourages USCIS to make a decision on whether to grant citizenship within 120 days of the date of your first interview.

You can’t request to postpone the second interview for a date more than 90 days after the first unless you agree to give up your right to get a decision within 120 days of your first interview.

Do I Need to Hire a Lawyer?

If you're confused about what's going on, or worry that USCIS has uncovered some serious information that could jeopardize not only your citizenship prospects but your right to keep your U.S. green card, absolutely consult an immigration attorney. The attorney can not only analyze the situation, but draft a cover letter to accompany the documents you supply that explains the situation and lays out the facts in an easy-to-understand manner.

About the Author

Richard Link J.D. · UC Davis School of Law

Richard Link is currently a legal editor at the national office of the American Immigration Lawyers Association (AILA). He previously practiced immigration law in Rochester, New York.

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