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RFE (Request for Evidence) Vs Appeal Brief

What is an RFE?

An RFE or Request for Evidence is a request that is issued by the USCIS or US citizens and Immigration Services. The RFE’s are issued in the name of petitioners for residency, citizenship, visas- both family and employment. These RFE’s are issued when there are inconsistencies found in the documents, or some of the relevant documents are found unavailable. The RFE is also issued in case the document submitted has lesser probative value or includes incomplete transactions.

More facts about RFE’s:

An RFE does not imply that the USCIS is denying your petition; it means that the USCIS is requesting answers for some unknown information. If RFE hasn’t been issued, that means your petition is more prone towards denial, if found incomplete or unsatisfactory. It acts as a second chance to seek you a complete and better petition for approval. Mostly RFE’s are issued for I-140, I-130, and I-129 forms. RFE’s are not issued for reassurances.

The RFE is sent to the petitioner rather than the beneficiary and so does the expectation of the response. There’s only one chance to respond to the issued RFE which needs to be submitted within 30-90 days. Furthermore, the response to the RFE can be partially submitted. The option of withdrawal of the petition can also be chosen by the petitioner. Reasons for the inability to submit the document should also be part of the response package of the RFE.

Appeal Brief:

An appeal brief is a written request that is submitted in a relatively higher court, for altercation or reversal of the judgment that is issued by the lower/ trail/ appellate court. The request consists of written arguments that are based upon the legal research done by both parties. The Appellate Rule 212 dictates that the appeal briefs must contain specific sections in a specified format. An appeal brief acts as the medium for reversal of the judgment based on facts and arguments. The appeal must be filed within the stringent time limit within 30 days of the issue of the judgment. Furthermore, the appeals briefs should be filed within the deadlines and the other side too.

The appeal brief is accompanied by the “excerpt of record” which must contain the record of all important documents relevant to the information cited in the appeal brief. Similar to the appeal brief the excerpt of record must also follow specific formatting. If the appeal is found to be just and true, then the superior court will direct the lower judiciary to conduct a fresh trial and the previous judgment is left alone. Apart from the appeal briefs the higher court or the Supreme Court hears oral arguments from both parties.

The party which loses the case in the jurisdiction and files the appeal in a higher court is known as the appellant, while the counterpart is called appellee.

The assistance of SKJ Juris:

SKJ Juris is one of the best immigration services providers across the globe. Through their diverse and vast experience in this domain, they easily handle RFE’s and Appeal Briefs. Whether the RFE is issued to a corporate/ employer for an employment visa or pertains to a green card (Visa for spouses), they easily tackle the situation through their experts. With their immense expertise in the field of legal writing, they are also experts in writing appeal briefs.

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