Category-4 Family based application RFE help needed

islammanjurul

Registered Users (C)
Hello, I am Abdullah from Bangladesh. I want to say sorry first for a long writeup here, but it will help members here to understand my scenario.

My elder brother, an US Citizen, applied for me on August 2013 (priority date). He only filed I-130. Now this year August I got a RFE letter, to validate late registered birth certificate. I was born in 1983, but got my birth certificate on 2012. My elder brother got his birth certificate on 2005, he was born on 1980. He has passed this step as you understand that he is already an US Citizen, he won DV lottery back in 2004.

Now, on the RFE letter, USCIS is asking for oldest possible birth evidence, to proof common father or mother. After checking at old inventory, I have found my first passport which was issued on 1997, has my father's name.

But there is a little issue, my father's name on first passport is MD. means Mohammad, whereas on my and my brother's late registered document, father's name starts with Mohammad. Even on my current electronic passport, father's name starts with Mohammad. The reason is, Bangladesh passport authority has stopped allowing short naming, they made it mandatory to put full form of a name. It is actually an old practice muslim people whose name start with Mohammad, they sometime use the short form MD. So, the oldest doc I have found from 1997 has MD on my father's name, and there is no mother's name.

Some people are telling this 1997 passport is not enough evidence to proof birth and common parent. So, I tried at my first school, but most probably they don't have any document available, since it was back in late 1987/early 1988. Even, if I can manage a letter from the school, it will be dated this year 2020, not from the past as maybe those documents are not possible to find out from old godown/storage.

So, I am probably left with tertiary evidence, Affidavit from two person who were present during my birth, and can validate the common parent. Can anyone tell me how to prepare this affidavit, what to write, some sample idea? Also, I need to proof that no secondary evidence is available - how can I prove this? It is obvious that, Bangladesh had its liberation from Pakistan in 1971, and the country was full of turmoil even till early 90's. There were literally very few people who had their proper birth documentation during the 70's and 80's, and even in 90's too. Majority portion of the population started registering birth from late 90's, and the birth certificate digitalisation has started since 2006, even on the RFE it is mentioned too, that since 2006 Bangladesh birth certificate verification is available online, so I must submit online verifiable copy. The certificate which my brother submitted can be verified online, however my brother's 2005 issued certificate cannot be verified, so they asked to submit a digital version of my brother's birth certificate too. It can be done, I need to go to the birth registrar, show them my brother's old one and ask for the new version.

So, my only concern and help required is, how and what to submit on behalf of my RFE. If I can somehow manage an oldest doc from school, my guess is there will be name issue for my father (MD or Mohammad issue) and even for my mother too, maybe there will be a nickname for my mother in bracket. Though my birth certificate has my mother's nickname, but my present electronic passport does not have her nickname and also my brother's birth certificate and passport does not have my mother's nickname too.

So, people here on this forum, please guide me for a single shot RFE approval, what to submit, how to submit or write. I will be really grateful.
 
Does the RFE give you the option of a dna test? It will be expensive but from what you’ve described of the evidence, is your best path for a “single shot” approval. Otherwise all you can do is submit all of the documents you mention, and explain clearly the name issues.
 
Does the RFE give you the option of a dna test? It will be expensive but from what you’ve described of the evidence, is your best path for a “single shot” approval. Otherwise all you can do is submit all of the documents you mention, and explain clearly the name issues.

Thanks Susie for your reply.

Yes there is the option for DNA test, but I heard after May 2018, DNA test is optional. And I am worried as per the attached screenshot, please check that, it is written DNA test does not guarantee a case approval. Our father has passed away in 2017, mother is with us.

Also, the AABB accredited labs are all in USA, at present, my whole family is in Bangladesh right now, including my brother too. What is the best option to get DNA test done? Can you give me some cost idea also?
 
Thanks Susie for your reply.

Yes there is the option for DNA test, but I heard after May 2018, DNA test is optional. And I am worried as per the attached screenshot, please check that, it is written DNA test does not guarantee a case approval. Our father has passed away in 2017, mother is with us.

Also, the AABB accredited labs are all in USA, at present, my whole family is in Bangladesh right now, including my brother too. What is the best option to get DNA test done? Can you give me some cost idea also?

Well they are never going to say anything guarantees approval, but I have never heard of a positive dna case where they deny the evidence. It’s up to you, and from the extract you posted you need to send all the evidence anyway, but I personally would tend to try send as much as possible especially given the potential problems you highlighted with the documents. As far as I know they don’t give “second chances” with RFEs.

The labs all have partner labs (or in some cases the swab is taken at the embassy) in other countries for cases like this. You/your brother needs to contact some of the labs to see who works with Bangladesh. I am not sure of the cost for you - when both parties are in the US it’s around $500, again you can get this information from the lab.

By the way has your brother moved back to Bangladesh or is he just visiting?
 
Well they are never going to say anything guarantees approval, but I have never heard of a positive dna case where they deny the evidence. It’s up to you, and from the extract you posted you need to send all the evidence anyway, but I personally would tend to try send as much as possible especially given the potential problems you highlighted with the documents. As far as I know they don’t give “second chances” with RFEs.

The labs all have partner labs (or in some cases the swab is taken at the embassy) in other countries for cases like this. You/your brother needs to contact some of the labs to see who works with Bangladesh. I am not sure of the cost for you - when both parties are in the US it’s around $500, again you can get this information from the lab.

By the way has your brother moved back to Bangladesh or is he just visiting?

I already wrote to some labs for their costing and procedures. Hope to get their reply by tomorrow. I got the RFE on August 20, deadline is November 16.

Regarding your last question - brother came in Bangladesh on 2018, since then he did not return yet, and now we have this COVID disaster. Will it be an issue for him staying in Bangladesh this long? He has no plan to return very soon but he will return, as he stayed their for 13 years, now came back to stay with family. Let me know if it will be some kind of issue. Thanks.
 
I already wrote to some labs for their costing and procedures. Hope to get their reply by tomorrow. I got the RFE on August 20, deadline is November 16.

Regarding your last question - brother came in Bangladesh on 2018, since then he did not return yet, and now we have this COVID disaster. Will it be an issue for him staying in Bangladesh this long? He has no plan to return very soon but he will return, as he stayed their for 13 years, now came back to stay with family. Let me know if it will be some kind of issue. Thanks.
Well, he needs to be living in the US and earning income there to be your sponsor at the time you go for your visa interview - these visas are for family reunification, they are not some kind of “benefit” that someone can pass on just from being a citizen. Your interview will still be years away though so plenty of time for that.
 
Well, he needs to be living in the US and earning income there to be your sponsor at the time you go for your visa interview - these visas are for family reunification, they are not some kind of “benefit” that someone can pass on just from being a citizen. Your interview will still be years away though so plenty of time for that.

Brother has a good bank balance to sponsor me hopefully. He already sponsored several people as secondary/alternate sponsor till 2017.

Whatever I heard, Priority Date August 2013 will take minimum 6 more years, by then brother will be back in USA, if not next year, he will return USA in 2022. Actually he is setting up some local businesses here in Bangladesh where he invested while his staying in USA. Once well settled up, he will be back in States.
 
Ok, he is obviously aware that until those other people are citizens they will all be added in the sponsor calculation for you as well. But as you correctly point out, it’s so long till you will get a visa - should be long enough for them to have naturalized by then if they haven’t yet.
 
Ok, he is obviously aware that until those other people are citizens they will all be added in the sponsor calculation for you as well. But as you correctly point out, it’s so long till you will get a visa - should be long enough for them to have naturalized by then if they haven’t yet.

Hi,

One or two of them already got Citizenship, hope more will be done before my time comes.

I have one last question, hope you will help. Can you please tell me if I can apply for student visa in the mean time? My post grad degree is long overdue. I have about 10 years of job experiences, which include working for some IT Technology OEM like Dell, Oracle partner company in Bangladesh. Since my immigration petition will take at least 6 more years, I want to apply for student visa and want to apply for Masters Degree. Can I do that? Any chance for getting visa? like after covid situation gets stable, like next year?
 
Hi,

One or two of them already got Citizenship, hope more will be done before my time comes.

I have one last question, hope you will help. Can you please tell me if I can apply for student visa in the mean time? My post grad degree is long overdue. I have about 10 years of job experiences, which include working for some IT Technology OEM like Dell, Oracle partner company in Bangladesh. Since my immigration petition will take at least 6 more years, I want to apply for student visa and want to apply for Masters Degree. Can I do that? Any chance for getting visa? like after covid situation gets stable, like next year?
You can apply, no way of telling if you will be approved.
 
Does the RFE give you the option of a dna test? It will be expensive but from what you’ve described of the evidence, is your best path for a “single shot” approval. Otherwise all you can do is submit all of the documents you mention, and explain clearly the name issues.

If I submit DNA do I need to send any other documents? How long does it take if the DNA report approves?
 
If I submit DNA do I need to send any other documents? How long does it take if the DNA report approves?
Depends what the RFE actually says, some it’s one option and some you still need to send other evidence as well.
i have no idea how long it takes with Covid and other countries involved, sorry. Our one all in the US pre-Covid took a couple of weeks for the test resuits, and then it still needs to be processed as part of the RFE by uscis.
 
Depends what the RFE actually says, some it’s one option and some you still need to send other evidence as well.
i have no idea how long it takes with Covid and other countries involved, sorry. Our one all in the US pre-Covid took a couple of weeks.

Thanks for your prompt reply. The RFE is exactly like the one OP posted.
 
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