RFE Misreading Pattern
USCIS Overlooked Strong Evidence Already in the Record
The RFE states that no evidence — or insufficient evidence — was submitted for a criterion, when the original filing in fact included a clear, on-point exhibit that the RFE simply does not address.
What it typically looks like
"The petitioner has not submitted evidence of [X]" — stated flatly, with no acknowledgment of an exhibit already in the record that squarely addresses X.
Why it's a misreading
This is one of the more consequential misreadings, because it can read to the adjudicator (and, if unaddressed, to a later reviewer) as though the petitioner genuinely has a gap — when the real issue is that the existing evidence was not reviewed, or was reviewed and its relevance was not recognized.
How to rebut it
Do not simply resubmit the same exhibit — point to exactly where it already exists in the record (exhibit number, page, and the specific passage) and explain, briefly, why it satisfies the standard USCIS says is unmet. If the original submission is genuinely thin on framing (the evidence exists but was never explained), use the response to add that framing rather than treating the omission purely as USCIS's error.
ImmiFlo compares your RFE notice against your original filing and flags misreadings like this one automatically — you confirm or reject each finding before it's used in your response letter.
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