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RFE phraseThe standard of review

Matter of Ho: inconsistencies in the record: what it means in an RFE or denial

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It is incumbent upon the petitioner to resolve any inconsistencies in the record by independent objective evidence. Any attempt to explain or reconcile such inconsistencies will not suffice unless the petitioner submits competent objective evidence pointing to where the truth lies.
USCIS Policy Manual, Vol. 1, Part E, Ch. 4 (burden and standards of proof)

What it means

RFE

An RFE (Request for Evidence) is a USCIS request for additional proof. It is not a denial: the officer needed more material and sets a deadline (usually up to ~87 days) to send it in one package. A complete, structured on-time response often ends in approval.

In the RFE the officer lists which criteria they do not yet consider met and why. Respond strictly to those objections: new evidence, explanations and references to already-filed exhibits - all in one package before the deadline.

Typical objections per criterion and how to answer them are covered in the RFE section; a response draft can be assembled with the tool.

The glossary entry

From the knowledge base: Glossary of Terms for U.S. Talent Visas O-1, EB-1, EB-2

This is the layer of terminology that separates people who just read instructions from those who understand the reasoning behind denials. All these terms appear in AAO decisions and in RFE texts, and without knowing them, it is impossible to understand why some cases are denied despite meeting all criteria.

Read the full article

The precedent behind the sentence

Matter of Ho · Matter of Ho, 19 I&N Dec. 582 (BIA 1988)

One inconsistency lets the officer re-examine the reliability of everything else.

  • The 1988 decision: doubt cast on any aspect of the proof calls into question the reliability and sufficiency of the rest. Such doubt is resolved only by independent objective evidence - an explanation alone will not do it.
  • This is the most expensive citation on the list: it turns one local inaccuracy into a reason to re-read the whole file.
  • The usual sources are date mismatches between a CV and the letters, different job titles across documents, figures that do not agree between two exhibits.

Seen in 4 of 150 parsed notices, across 3 desks.

The precedent page

What the chats ask about "Matter of Ho: inconsistencies in the record"

  • 1×Is it possible to apply for an F-1 visa if I have a NOID, to avoid losing status while concurrently applying for EB-1 again? Or is this a contradiction?

Community answers

How should you position your profession for EB-1A/O-1 if your background is varied?
You need to frame a single area of expertise so that awards, publications, recommendations, judging, contributions, and future plans fit into one coherent story. Positioning that is too broad or inconsistent weakens the case, so it helps to first gather the evidence and determine which professional line is best supported.

Where people go wrong - from the chats

  • mistakeA common mistake is not checking exactly what is listed in the application, interview invitation, and supporting forms, even though a denial or delay is often tied to inconsistencies in this information.
  • mistakeA common mistake is inconsistencies between the DS-160 and current circumstances: study dates, U.S. address, plans, CV, internships, and post-study plans. These discrepancies can trigger additional questions.
  • mistakeDiscrepancies in the application regarding workplace, dates, or company structure can raise questions. These inconsistencies should be explained in advance and, where possible, brought into a consistent format.
  • mistakeForms and translations often contain errors due to literal translation, incorrect entry of addresses in the native language, and inconsistent terminology. These details are best checked against the form instructions and with an attorney.

Rules and tips from the chats

  • common questionPeople often ask why administrative processing starts or updates again, why dates in the status change inconsistently, and whether this means there is actual movement in the case.
  • ruleWhen completing the DS-160, you need to save and remember all the information provided. At the interview, answers may be checked against the application, and inconsistencies increase the risk of denial.
  • ruleForms and petitions should be completed in advance and reviewed again the next day. Common mistakes involve missing signatures, incorrect pages, and inconsistent information.
  • tipWhen moving and waiting for a visa, it is important to check in advance whether bank cards will work abroad. Online payments, cash withdrawals, and top-ups may work differently and inconsistently.

Questions and answers on the site

Distilled from the public community chats, anonymised; corpus as of June 2026. These are participants' observations, not legal advice and not USCIS statistics.

Related

All RFE phrasesRFE by criterionPrecedents officers citeAfter a denial← Treasure Craft: assertions without documentsComparable evidence →

Frequently asked questions

What does "Matter of Ho: inconsistencies in the record" mean?
An RFE (Request for Evidence) is a USCIS request for additional proof. It is not a denial: the officer needed more material and sets a deadline (usually up to ~87 days) to send it in one package. A complete, structured on-time response often ends in approval.
Where is this stated officially?
USCIS Policy Manual, Vol. 1, Part E, Ch. 4 (burden and standards of proof): https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-4
Which precedent is behind it?
Matter of Ho - One inconsistency lets the officer re-examine the reliability of everything else.

The sentence is quoted from its official source (link under the quote); the explanation is assembled from the site glossary, the precedent notes, the knowledge base and distilled community observations. Not legal advice; the site is not affiliated with USCIS.