I-485 Requests for Evidence (RFEs): Case Law That Could Save Your Case

Case Citation: Matter of Katigbak, 14 I&N Dec. 45 (Reg. Comm. 1971)

Introduction

Filing for Adjustment of Status (Form I-485) is one of the most important steps in an immigrant’s journey toward permanent residence in the United States. But for many applicants, the process does not move forward smoothly. Instead, they receive a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS).

An RFE can feel like a major setback. It signals that USCIS believes the application is incomplete, inconsistent, or lacking in proof. But it’s important to remember: an RFE is also an opportunity. By responding strategically—using strong evidence, legal arguments, and even citing case law—you can turn an RFE into a chance to secure approval.

One case that continues to influence how USCIS evaluates evidence is Matter of Katigbak, 14 I&N Dec. 45 (Reg. Comm. 1971). Understanding its lessons can help applicants and their representatives prepare a powerful response to an RFE.

What Is an I-485 RFE?

A Request for Evidence is a formal notice from USCIS asking the applicant to submit additional documents or clarifications before the agency makes a final decision. Common reasons for I-485 RFEs include:

• Missing initial evidence (e.g., birth certificate, marriage certificate, or medical exam).

• Discrepancies between submitted documents (e.g., name variations or address inconsistencies).

• Questions about eligibility (e.g., maintenance of lawful status, bona fide marriage, or financial support under Form I-864).

• Insufficient proof of good moral character or admissibility.

Failing to respond to an RFE—or responding inadequately—almost always leads to a denial. That’s why every RFE should be treated seriously, with a careful, comprehensive, and legally grounded reply.

Matter of Katigbak: Why It Still Matters

In Matter of Katigbak, the Board of Immigration Appeals (BIA) addressed a core issue that often arises in adjustment and related cases: Does the evidence show eligibility at the time of filing, or can later-acquired qualifications count?

The case involved a petition for preference classification based on professional skills. The applicant did not meet the requirements at the time of filing but gained the necessary qualifications later. The agency held that eligibility must be established at the time the application or petition is filed, not afterward.

Key Takeaways:

1. Timing of Evidence Matters
   USCIS officers will evaluate whether you met all eligibility criteria on the date you filed your I-485—not just later in the process.

2. Subsequent Evidence Can Clarify, Not Create Eligibility
   Later evidence can help prove that you already qualified when you filed, but it cannot establish new eligibility after the fact.

3. Consistency Is Critical
   If your evidence shows inconsistencies in dates, qualifications, or facts, USCIS will likely issue an RFE. Resolving those issues requires clear documentation and legal explanation.

Applying Katigbak to Today’s RFEs

Although Matter of Katigbak was decided more than 50 years ago, it remains a cornerstone in USCIS decision-making. Here’s how you can use it when responding to an RFE:

• Show eligibility at filing. If USCIS questions whether you qualified for adjustment on your filing date, gather evidence that proves you met all requirements then. For example, if lawful entry is at issue, submit passport stamps, I-94 records, or affidavits from witnesses.

• Clarify with supplemental documents. If certain evidence wasn’t included in the original filing but existed at the time (such as tax records, bank statements, or employment letters), you can now provide it and explain why it demonstrates eligibility back to the filing date.

• Cite Katigbak directly. In your RFE response cover letter, reference Matter of Katigbak, 14 I&N Dec. 45 (Reg. Comm. 1971) to reinforce that while later-submitted evidence is acceptable, eligibility must trace back to the date of filing. This shows USCIS you understand the legal framework guiding their review.

Practical Strategy for RFE Responses

When drafting an RFE response for Form I-485, combine legal precedent with practical evidence:

1. Review the RFE carefully. Break down each issue raised by USCIS. Make a checklist so nothing is missed.

2. Organize supporting documents. Provide clear, easy-to-follow evidence. Use tabs, labels, and an index. Officers appreciate well-structured submissions.

3. Write a strong cover letter. Explain how each piece of evidence resolves the concern. Cite case law (Matter of Katigbak) and relevant USCIS policy to strengthen your argument.

4. Include affidavits if needed. If primary evidence is missing or unavailable, affidavits from family, employers, or others with direct knowledge can fill gaps.

5. Address inconsistencies head-on. Don’t ignore discrepancies in names, dates, or facts. Clarify them with explanations and supporting proof.

6. Submit before the deadline. USCIS deadlines for RFEs are strict. Late responses are automatically rejected.

Why Legal Precedent Can Tip the Balance

Many applicants respond to RFEs by simply sending documents, hoping more paper will satisfy USCIS. But experienced practitioners know that evidence alone may not be enough. Legal precedent like Matter of Katigbak provides context and authority.

By citing case law, you demonstrate:

• Knowledge of immigration law and how it applies.

• That your eligibility should be viewed under established legal standards.

• That USCIS must evaluate not only the documents but also the timing and relevance of the evidence.

This approach can transform a weak response into a persuasive legal argument that convinces USCIS to approve the case.

Conclusion

Receiving an I-485 RFE is stressful, but it is not the end of your immigration journey. With a strategic response grounded in evidence and supported by case law, you can turn an RFE into a second chance for approval.

Matter of Katigbak reminds us that eligibility must exist at the time of filing, but supplemental evidence can be used to clarify and strengthen your case. By combining careful documentation, organized presentation, and legal precedent, you can maximize your chances of success.

At US Immigration Consultants, we help clients respond to RFEs with precision and strategy. If you’ve received an RFE or are concerned about a potential USCIS denial, our team is ready to guide you step by step.

📞 Contact us today at 855-963-0988 or visit usimmigrationconsultants.net to schedule a consultation.