***Asylee RFE & Wife's App for GC*****

S

sal1786

Registered Users (C)
First Issue/Concern

I applied for GC in 1999 (after asylee status approved in 1997). I did my FP about 4 months ago,and just received a letter for RFE. They want a copy of my BC (I don't have a BC, because I was born in 1955 and there is no way I can get one from my home country, Kashmir). What do I do? They also want proof of stay in US for at least a year, and agregate information since I have been here (I have been in the US since 1997, and have never left the country). What info should I send? W2's?

2nd Issue/Concern
Unfortuanatly, we listened to advise from a not so good lawyer (when I applied for my GC) , he advised that my wife should apply for GC (she also has approved Asylee status in 1999) when I get mine approved, for some reason hers would get approved quicker since I have my GC?. Since reading the immigration laws and this forum (Which is great), I have come to realize that my wife should have applied for GC after a year of approved asylee status. I feel like a total fool. Now I am very worried that if she applies for GC now, they will ask her why she took so long, we are very embarrassed that we took so long.

Since my GC process seems to be coming closer, what shall I do about my wife's? Shall I have her apply ASAP, or still wait for my GC to be approved, and maybe go through some other avenue for hers? If there is one? I am very worried now, could they deny her becuase she took so long?

We have no desire to return to our home country, we have been in the US for a long time, this is our home now.

Any similar experience, or advice would really really help, please.

Thanks

SD
 
Maybe this helps

First issue: I was not asked for RFE so I do not know exactly how you may respond. My guess is one or more of W-2's, pay stubs, bank statements, lease or mortgage payments, tax returns should be enough.

Birth certificate: explain you do not have it and attach notarized affidavits by you and maybe two persons certifying as to your birth date. To tell you the truth, the bureaucrat processing your case needs something to stuff in your file while crossing a check-list. For your information, I did not submit my birth certificate in my original application and yet they approved my case. Go figure!

Second issue: I am afraid you are fretting over nothing. You are giving the INS too much credit to check and ask such analytical questions. Do you know what is the average IQ of an INS processing agent? My reading of the statute says your wife may apply after one year of the asylum grant but there is no outer time limit within which she must apply. Technically, one may decide to forever be an asylee without adjusting! (Not advisable because situations may change). To put it mildly, your wife has missed some good time in the backlog though.

Now to the most interesting part: who is the idiotic lawyer you used? Does he primarily practice immigration law or did you use a "dabbler"? If I were you, I will ask him to refund any fees he charged you. Tell him you will report his incompetence to the applicable bar and attorney grievance body. He has failed in providing adequate professional representation and he should not have benefited from such.

Good luck.
 
Do you have any semi-official records of your birth, such as religious documents or insurance documents? Do your best and find something for them. If you absolutely have no records, then inform them of this fact in writing. In a 2004 liason meeting with AILA, NSC advised that birth certificates are not an absolute requirement for asylees, but are "helpful" in processing cases.

In the same meeting they also said that if you have not departed from the country at all, they only need a written statement to that effect from you (preferably notarized). But I would actually throw in some evidence such as rent/mortgage payments, utility bills.

Your wife should have applied after one year in asylum status. I would at this point submit her I-485 packet immediately (get it out next Monday if you can). When your own adjustment is approved I would then file an I-130 to sponsor her for immigration (this route takes 5+ years).






sal1786 said:
First Issue/Concern

I applied for GC in 1999 (after asylee status approved in 1997). I did my FP about 4 months ago,and just received a letter for RFE. They want a copy of my BC (I don't have a BC, because I was born in 1955 and there is no way I can get one from my home country, Kashmir). What do I do? They also want proof of stay in US for at least a year, and agregate information since I have been here (I have been in the US since 1997, and have never left the country). What info should I send? W2's?

2nd Issue/Concern
Unfortuanatly, we listened to advise from a not so good lawyer (when I applied for my GC) , he advised that my wife should apply for GC (she also has approved Asylee status in 1999) when I get mine approved, for some reason hers would get approved quicker since I have my GC?. Since reading the immigration laws and this forum (Which is great), I have come to realize that my wife should have applied for GC after a year of approved asylee status. I feel like a total fool. Now I am very worried that if she applies for GC now, they will ask her why she took so long, we are very embarrassed that we took so long.

Since my GC process seems to be coming closer, what shall I do about my wife's? Shall I have her apply ASAP, or still wait for my GC to be approved, and maybe go through some other avenue for hers? If there is one? I am very worried now, could they deny her becuase she took so long?

We have no desire to return to our home country, we have been in the US for a long time, this is our home now.

Any similar experience, or advice would really really help, please.

Thanks

SD
Click to expand...
 
Last edited by a moderator:
I concur with Gilbert's opinion; you should apply for her as an asylee immediately and then file an I-130 for her.




sal1786 said:
First Issue/Concern

I applied for GC in 1999 (after asylee status approved in 1997). I did my FP about 4 months ago,and just received a letter for RFE. They want a copy of my BC (I don't have a BC, because I was born in 1955 and there is no way I can get one from my home country, Kashmir). What do I do? They also want proof of stay in US for at least a year, and agregate information since I have been here (I have been in the US since 1997, and have never left the country). What info should I send? W2's?

2nd Issue/Concern
Unfortuanatly, we listened to advise from a not so good lawyer (when I applied for my GC) , he advised that my wife should apply for GC (she also has approved Asylee status in 1999) when I get mine approved, for some reason hers would get approved quicker since I have my GC?. Since reading the immigration laws and this forum (Which is great), I have come to realize that my wife should have applied for GC after a year of approved asylee status. I feel like a total fool. Now I am very worried that if she applies for GC now, they will ask her why she took so long, we are very embarrassed that we took so long.

Since my GC process seems to be coming closer, what shall I do about my wife's? Shall I have her apply ASAP, or still wait for my GC to be approved, and maybe go through some other avenue for hers? If there is one? I am very worried now, could they deny her becuase she took so long?

We have no desire to return to our home country, we have been in the US for a long time, this is our home now.

Any similar experience, or advice would really really help, please.

Thanks

SD
Click to expand...
 
Gilbert said:
Do you have any semi-official records of your birth, such as religious documents or insurance documents? Do your best and find something for them. If you absolutely have no records, then inform them of this fact in writing. In a 2004 liason meeting with AILA, NSC advised that birth certificates are not an absolute requirement for asylees, but are "helpful" in processing cases.

In the same meeting they also said that if you have not departed from the country at all, they only need a written statement to that effect from you (preferably notarized). But I would actually throw in some evidence such as rent/mortgage payments, utility bills.

Your wife should have applied after one year in asylum status. I would at this point submit her I-485 packet immediately (get it out next Monday if you can). When your own adjustment is approved I would then file an I-130 to sponsor her for immigration (this route takes 5+ years).
Click to expand...


I cannot find a relative to proivde me an affidavit. The RFE states"Submit a copy of your BC showing your parentage, which has been registered with the proper authorities of the country of your birth" Again, my birth was not registered. So what should I do? If anyone has been approved without BC, or affidavits please let me know....What shall I do?
 
One of my realitives got approved by using an affadavit..it was from 3 people stating that you don't have a birth certificate and you can include its not customary in so and so country to issue birth certificates.

I also included affadavits but now i have a BC from my birth country..I just went to the embassy with the expired passport and said i wanted a Birth Certificate.thats it..
 
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