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
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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.
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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 ......
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 ......