Treasure Craft: what this citation means in your RFE
Updated: Author: Alina Kanametova
Matter of Treasure Craft of California, 14 I&N Dec. 190 (BIA 1972)
An assertion with no document behind it is not evidence.
Mentioned in 38 of 183 whole notices (31 distinct cases). Inside individual criterion analyses - 9 of 150 parsed notices, across 7 different desks.
What the decision holds
The line that gets quoted: going on record without supporting documentary evidence does not meet the burden of proof. Matter of Soffici (1998) usually appears alongside it - the same point, and the two have been cited as a pair ever since.
In practice: a letter saying "the beneficiary is widely recognised" proves only that its author thinks so. The evidence is what the letter points AT - the invitation, the contract, the publication, the minutes.
Which is why a stack of similar recommendation letters with no exhibits behind them draws this citation almost every time.
AAO decisions on uscis.govWhere it sits in the notice
Inside the analysis of one criterion, right after the officer restates what you asserted.
Which criteria it appears beside
What to do about it in a response
- 1Find every assertion in your packet with no exhibit behind it, and either support it or drop it.
- 2For each letter, at least one document that confirms the fact it describes.
- 3Do not paraphrase the letter in your RFE response: the officer has read it and has just said it is not enough.
Desks where it appeared
The sample is notices on petitions that already drew an RFE, NOID or denial: 183 full-text files for the "whole notice" count and 150 parsed notices for the "inside a criterion" count. A count shows how often a decision is cited when a petition is challenged, and says nothing about approvals. This is not legal advice; verify the text of the decision against the official source.