Request for Evidence ..

R

RAsylee

Registered Users (C)
Request for Evidence

Just received the dreaded letter. It consists of three pages and has four key paragraphs which are numbered as 7. 8. 9. and 10.

note: All UPPER case represents bold in this letter

==============
First the easy ones

Number 9. Submit G-325A
Number 10. submit Birth Certificate

Number 7. and 8. are related

Number 7. You answered "no" to question 10 in Part 3 of your I-485 application. Question 10 asks the following:

Are you under final order of civil penalty for violating section 274C of the Immigration and Nationality Act for use fraudlent documents OR HAVE YOU, BY FRAUD OR WILLFUL MISREPRESENTATION OF MATERIAL FACT, EVER SOUGHT TO PROCURE, OR PROCURED, A VISA, OTHER DOCUMENTATION, ENTRY INTO THE U.S. OR ANY IMMIGRATION BENEFIT?

Your response to this question is inconsistent with Service Records. Please verify your answer for question 10 and provide documentary evidence to support your answer.


Number 8. Service records indicate that on or about Date XXX you entered the United States with a photo substituted National passport of Country X. You have been found to be inadmissable, or ineligible for adjustment of status under Section 212(a)(6)(C)(i). Misrepresentation "Any alien, who, by FRAUD or willfully misrepresenting a material fact, seek to procure (or has sought to procure or has procured)a visa, other documentation, or admission into the United States or other benefit provided under this act is inadmissible under 212(a)(7)(B)(i)(I) and 212(a)(7)(B)(i)(I) Non immigrant w/out Valid Passport and Visa. To be admissible you may apply for a waiver. If you wish to apply for a waiver you must complete the attached Form I-602, Application by Refugee For Waiver of Grounds of Excludability. Also, you must submit a detailed written explaination to support your Form I-602 waiver.

The written accounts concerning these issues must be as detailed as possible, complete and accurate. Do not omit any facts. Furthermore you may submit any documentary evidence to support your Form I-602.

Submit the original passport you used to enter the United States on Date XXX.

=================

I have checked the I-485 that I submitted myself as I did not had a lawyer. I did answer 7. as indicated in this notice but in my understanding at that time I had not commited any crime or violated laws. (The dates that they are referring to my arrival dates are the ones that were presented by me when I applied for asylum) They are right here as probably my ignorance to the legal matters is probably not a very strong excuse .... :( but my intention was not WILLFUL misrepresentation of facts.

How can one support intent? According to my understanding I was running away from persecution and I did not viewed my actions as willful deceit.

They are also requesting to provide the altered passport used for entry. I do not have that in my possesion, as soon as I entered US the person who organized the entry took that passport from me at the airport ....

Any suggestions to kick start a response will be appreciated .... In the mean time I need lots of prayers ......
 
I am sorry to hear this, Rasylee.

I think your best hope is a successful I-602 application. I strongly suggest you use a good lawyer to submit this.

A question if you do not mind, when you entered the country with the false passport, did you pass immigration control undetected?

Good luck to you.
 
Rasylee,

Sorry to hear what is happening with you. I read the question and YOU answered NO which is correct. Where they ask you for your I-94 what did you write? Can you also tell us what country citizen are you?
 
I think when one is fearful of his/her life and has given up all his roots/family, then how one entered the country is very trivial but obviously that is my opinion, I am sure others have valid arguments against it.

It was a financial burden for my family to manage the money in the hope of a safe future for me, and at that time beleive me no one thought about visiting the embassay and try to obtain a visa for a legal entry. Dire situations require dire actions or else the consequences are not pretty ...

Gilbert folks that charge a handsome chunk to manage my escape provided the documents and a companion and she was the one who did the talking with the Immigration Officer and he glanced at the documents but did not go into great details as it was a long line. This was in fall of 1997.

wantmygcnow, I am from Pakistan.
 
Rasylee,

So you passed immigration control without a problem, it sounds to me.

I concur that people fleeing persecution have littel time to worry about immigration law details. So does the United Nations.

Again, your best bet is the I-602.
 
I am willing to consult with a lawyer and file I-602 but it seems like granting or denying it will be very subjective to interpretation of the officer processing it.

Worst possible thing they can do is deny my request for permant residence ...What about my asylee status ? Can they take that away also??? ...

I was completely honest with them about how I entered the country in my interview with the asylum officer. This is not something BCIS has discovered as I had told them about it during the interview with dates and how it happened.(Sep 97) I also did informed the officer conducting the interview that I do not have that passport in my possession as the people that had managed my escape had taken back that document once I got out of the airport....
 
Rasylee,

But the above mentions that you had told them about some passport with photo substituted? Did you ever tell them HOW you came? For instance on a u.s passport but the photo was changed?

Or simply you said, faulty inspection..without giving details? Thats what they are holding you on...If you had mentioned Faulty inspection..dontk now the details..dont think they would make it big deal.


Have you told them the details? Let us know.
 
wantmygcnow,

I had told them exactly what they are saying now and none of it was witheld from the INS/BCIS and they were aware of it when they granted me conditional approval and then asylum.

It was a picture subsituted passport and I gave them all the information during the interview regarding dates of arrival etc.
 
Rasylee,
First of all, dont worry! My friend from Pakistan also got lots of problems. They gave him asylum but when he tried to adjust his status, they started to make excuses..as to why adjust when Pakistan is a safe country. Anywyas the point was he got his asylum, they shouldn't have given him any problems when adjusting.

He hired a lawyer and it was a long battle but finally he got his GC. This was last year. I think you mentioned you have u.s citizen kids? Which is in your favor. Just get a good lawyer, explain your story in the i-602 and tell them that's what you told them during your interview. The funny thing is lots of asylum seekers come into this country with bad documents..How can they adjust if thats unlawful in the I-485? They should'nt give asylum in the first place if they think coming on bad documents is a violation of immigration act. Its a double-edge sword!!!

Keep your hopes up. Do not worry. These things happen with lots of asylees. Another example was one pakistani person had overstayed since 1995 and his kids were born here. He applied for his GC in april 2001 under 245(i)..After sep 11, they arrested him for violating his visa status. Anyways it went to an immigration Judge and he proved he has been paying taxes etc and they gave him GC.

Just stick to what you told them. You did the LAWFUL thing by applying for Asylum. I dont get all these Undocumented Mexcians etc will get amnesty by being unlawful in U.S..while trying to follow immigration laws, we get to wait for a cap and also get harrased by BCIS..What kind of fairness is this??

Also what was your conditional approval based on? What were the conditions?
 
Conditional approval is based on a successful background check that is conducted by FBI. I think every asylum applicant has to go through that. Once the asylum officer or the immigration court judge decides that your case has merit then they grant you conditional status and then it is contingent upon your background check. If you pass the background check then you are granted unconditional asylum status.

I am not sure what this background checks but my assumption is that it tries to match you with record of known felons or people with criminal association and history and see if you are one of them ... but this is just my guess. I am positive that I did passed both tests once the initial one and now when they did my FP earlier this year because I know I have not commited any crime.

It is a very frustrating experience... I think the lesson to learn here is not to take this process lightly and have a qualified lawyer validate the documents prior to submission to INS. I think as discussed earlier in this group is that they have Immigration Officers from employment categories also processing these cases and maybe their infamiliarity with the background on asylum cases is prompting this flurry of these requests.

I wish things workout for all of us here...hopefully sooner than later....
 
I am very sorry to what happened to you. Just fight and hope for the best. Now it is time to pay lawer... As previous people say, my opinion - if they gave you asylum, they have to approve your GC!
 
Originally posted by RAsylee
Request for Evidence

Just received the dreaded letter. It consists of three pages and has four key paragraphs which are numbered as 7. 8. 9. and 10.

note: All UPPER case represents bold in this letter

==============
First the easy ones

Number 9. Submit G-325A
Number 10. submit Birth Certificate

Number 7. and 8. are related

Number 7. You answered "no" to question 10 in Part 3 of your I-485 application. Question 10 asks the following:

Are you under final order of civil penalty for violating section 274C of the Immigration and Nationality Act for use fraudlent documents OR HAVE YOU, BY FRAUD OR WILLFUL MISREPRESENTATION OF MATERIAL FACT, EVER SOUGHT TO PROCURE, OR PROCURED, A VISA, OTHER DOCUMENTATION, ENTRY INTO THE U.S. OR ANY IMMIGRATION BENEFIT?

Your response to this question is inconsistent with Service Records. Please verify your answer for question 10 and provide documentary evidence to support your answer.


Number 8. Service records indicate that on or about Date XXX you entered the United States with a photo substituted National passport of Country X. You have been found to be inadmissable, or ineligible for adjustment of status under Section 212(a)(6)(C)(i). Misrepresentation "Any alien, who, by FRAUD or willfully misrepresenting a material fact, seek to procure (or has sought to procure or has procured)a visa, other documentation, or admission into the United States or other benefit provided under this act is inadmissible under 212(a)(7)(B)(i)(I) and 212(a)(7)(B)(i)(I) Non immigrant w/out Valid Passport and Visa. To be admissible you may apply for a waiver. If you wish to apply for a waiver you must complete the attached Form I-602, Application by Refugee For Waiver of Grounds of Excludability. Also, you must submit a detailed written explaination to support your Form I-602 waiver.

The written accounts concerning these issues must be as detailed as possible, complete and accurate. Do not omit any facts. Furthermore you may submit any documentary evidence to support your Form I-602.

Submit the original passport you used to enter the United States on Date XXX.

=================

I have checked the I-485 that I submitted myself as I did not had a lawyer. I did answer 7. as indicated in this notice but in my understanding at that time I had not commited any crime or violated laws. (The dates that they are referring to my arrival dates are the ones that were presented by me when I applied for asylum) They are right here as probably my ignorance to the legal matters is probably not a very strong excuse .... :( but my intention was not WILLFUL misrepresentation of facts.

How can one support intent? According to my understanding I was running away from persecution and I did not viewed my actions as willful deceit.

They are also requesting to provide the altered passport used for entry. I do not have that in my possesion, as soon as I entered US the person who organized the entry took that passport from me at the airport ....

Any suggestions to kick start a response will be appreciated .... In the mean time I need lots of prayers ......
Click to expand...

You will need to get advise from a lawyer. The problem is to be find a good one. The fact they are sugesting you to apply for a waiver is a good sign, from my point of view. The most delicate part will be to select the right attorney. Good luck
 
Originally posted by wantmygcnow
Rasylee,
First of all, dont worry! My friend from Pakistan also got lots of problems. They gave him asylum but when he tried to adjust his status, they started to make excuses..as to why adjust when Pakistan is a safe country. Anywyas the point was he got his asylum, they shouldn't have given him any problems when adjusting.

He hired a lawyer and it was a long battle but finally he got his GC. This was last year. I think you mentioned you have u.s citizen kids? Which is in your favor. Just get a good lawyer, explain your story in the i-602 and tell them that's what you told them during your interview. The funny thing is lots of asylum seekers come into this country with bad documents..How can they adjust if thats unlawful in the I-485? They should'nt give asylum in the first place if they think coming on bad documents is a violation of immigration act. Its a double-edge sword!!!

Keep your hopes up. Do not worry. These things happen with lots of asylees. Another example was one pakistani person had overstayed since 1995 and his kids were born here. He applied for his GC in april 2001 under 245(i)..After sep 11, they arrested him for violating his visa status. Anyways it went to an immigration Judge and he proved he has been paying taxes etc and they gave him GC.

Just stick to what you told them. You did the LAWFUL thing by applying for Asylum. I dont get all these Undocumented Mexcians etc will get amnesty by being unlawful in U.S..while trying to follow immigration laws, we get to wait for a cap and also get harrased by BCIS..What kind of fairness is this??

Also what was your conditional approval based on? What were the conditions?
Click to expand...

Dear wantmygcnow,

Can you tell us what his "long battle" entailed?
 
Originally posted by RAsylee
Conditional approval is based on a successful background check that is conducted by FBI. I think every asylum applicant has to go through that. Once the asylum officer or the immigration court judge decides that your case has merit then they grant you conditional status and then it is contingent upon your background check. If you pass the background check then you are granted unconditional asylum status.

I am not sure what this background checks but my assumption is that it tries to match you with record of known felons or people with criminal association and history and see if you are one of them ... but this is just my guess. I am positive that I did passed both tests once the initial one and now when they did my FP earlier this year because I know I have not commited any crime.

It is a very frustrating experience... I think the lesson to learn here is not to take this process lightly and have a qualified lawyer validate the documents prior to submission to INS. I think as discussed earlier in this group is that they have Immigration Officers from employment categories also processing these cases and maybe their infamiliarity with the background on asylum cases is prompting this flurry of these requests.

I wish things workout for all of us here...hopefully sooner than later....
Click to expand...

You must be talking about recommended approval?
 
quote:
--------------------------------------------------------------------------------
Originally posted by RAsylee
Conditional approval is based on a successful background check that is conducted by FBI. I think every asylum applicant has to go through that. Once the asylum officer or the immigration court judge decides that your case has merit then they grant you conditional status and then it is contingent upon your background check. If you pass the background check then you are granted unconditional asylum status.

I am not sure what this background checks but my assumption is that it tries to match you with record of known felons or people with criminal association and history and see if you are one of them ... but this is just my guess. I am positive that I did passed both tests once the initial one and now when they did my FP earlier this year because I know I have not commited any crime.

It is a very frustrating experience... I think the lesson to learn here is not to take this process lightly and have a qualified lawyer validate the documents prior to submission to INS. I think as discussed earlier in this group is that they have Immigration Officers from employment categories also processing these cases and maybe their infamiliarity with the background on asylum cases is prompting this flurry of these requests.

I wish things workout for all of us here...hopefully sooner than later....
--------------------------------------------------------------------------------



You must be talking about recommended approval?

=====

Yes you are right, I had drawn blank on the word recommended at the time I was typing the above stated post. I meant recommended approval.... Thanks, for correcting.

Regards,
 
Recommended approval and conditional approval mean different things.

The former is for the background check to come back. The latter is granted to Chinese nationals who apply for asylum on the basis of China's family planning program. Only 1000 people can be appproved in a year. So the applications are approved conditionally until a number becomes available. The wait for that is about 4-5 years.
 
When i said "Long battle." I meant he had his lawyers send papers etc and it finally worked out. Ofcourse he lots 2-3 years on that..but in the end he got his GC..And the funny thing is, he got so frustrated by this that he applied for Canadian PR and got approved before his U.S Greencard. He now resides 6 months in u.s 6 months in Canada. He will get his canadian citizenship in another year...
 
wantmygcnow, how is it possible to keep GC in the US and PR in canada when the canadian allow him to be outside Canada only 2 years out of 5 years.

Thanks
 
Both Canada and US require their own permanent residents to have the intention of residing permanenly. Failure to do so results in loss of status.
 
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