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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
Exceptional Hardship Evidence

How Should You Respond to an I-612 Request for Evidence?

An I-612 RFE should be answered by identifying every factual and legal concern raised by USCIS, supplying the requested evidence where available, explaining unavailable evidence, and strengthening both the relocation and separation analyses.

Reviewed by Peter Messersmith · 2026-09-13

Start with the actual RFE

The response should be organized around the deficiencies USCIS identifies rather than simply resubmitting the original filing.

Answer every requested issue

If USCIS questions medical severity, financial dependence, treatment abroad, qualifying-relative status, country conditions, or one side of the separation-relocation analysis, the response should address each issue directly.

Submit the response as a complete package

USCIS regulations permit a complete response within the period provided. The applicant should follow the RFE's filing instructions and deadline carefully and should not assume that additional evidence can be submitted later.

Use the RFE to repair evidentiary gaps

Updated declarations, physician letters, therapy records, financial records, school evidence, country-specific research, translations, and expert reports can be used where they genuinely respond to the concerns identified by USCIS.

Legal Authorities and Sources

  1. 8 C.F.R. §103.2
  2. USCIS Policy Manual — Requests for Evidence
  3. USCIS — Form I-612 Instructions

Frequently Asked Questions

Should I just resend the original I-612 package?

No. The response should directly address each concern or missing item identified in the RFE.

Can I submit new evidence with the RFE response?

Yes. Relevant new or updated evidence can be submitted to address the issues raised by USCIS.

Can the RFE deadline be ignored if more evidence is coming?

No. Follow the response deadline and instructions stated in the RFE.

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