Gurus .. Submitting response to RFE ... Need Help

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Gurus I'm submitting response to RFE, need urgent help to make sure every thing is OK ... (immigration lawyer from prev. employer not very co-operative).

1. Initially submitted BC issued by consulate, which is not acceptable to INS. Now in RFE response am submitting a copy of my BC (issued by authorities in home country), however this BC does not show the name of mother. .....Hence also submitting two birth affidavits issued by father and aunt. Per RFE one needs to submit the affidavits only when BC is not available. In this situation if INS could get annoyed for submiiting both BC and affidavits?

2. BC affidavits does include my date and place of birth etc., but not the date and place of birth for issuers.

3. Used AC21, my job title with new job is not same, however job description is same.

Gurus, given these caveats .... what's adviced?,
a) consult a lawyer before submission, OR
b) no risk associated, go ahead and submit the RFE, OR
c) some thing else
 
Given the nature of your problem and the very specific nature of your issue, the best bet is to have it reviewed by some good immigration attorney.

I wouldn't risk sending some stuff in haste -- one can never take such risks.

Plus you are using AC21 -- all the more to look at an attorney.

HTH
 
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> 1. Initially submitted BC issued by consulate, which is not acceptable to INS. Now in RFE response am submitting a copy of my BC (issued by authorities in home country), however this BC does not show the name of mother. .....Hence also submitting two birth affidavits issued by father and aunt. Per RFE one needs to submit the affidavits only when BC is not available. In this situation if INS could get annoyed for submiiting both BC and affidavits?

consulate- or hospital-issued BCs have no value for this purpose. if you have not submitted a civic gov't issued BC, then you must submit the affidavits described in your RFE. since you have already submitted the consulate-issued BC, just send the affidavits.

> 2. BC affidavits does include my date and place of birth etc., but not the date and place of birth for issuers.

the date and place of birth for the deponents of the affidavits (in this case, your father and aunt) are required, as clearly stated in the RFE. that should tell you that you need to have that information included in your affidavits. since you have complete control on the content of the affidavits, why take a chance on submitting something which does not meet the requirements specified by the BCIS?

> 3. Used AC21, my job title with new job is not same, however job description is same.

Gurus, given these caveats .... what's adviced?,
a) consult a lawyer before submission, OR
b) no risk associated, go ahead and submit the RFE, OR
c) some thing else

if the job description matches exactly with what is in your LC, then it should be ok, as long as the title does not suggest something radically different.

having said that, though, how to go about handling this is entirely a judgement call. i don't think anybody could or would tell you what to do one way or the other. if you want to be safe than sorry, then having your response vetted by an attorney is a good idea. in case of any complications, i would say an attorney is almost indispensable, since you would need someone to go toe-to-toe with the BCIS on your behalf.

again, you need to decide what might be a better option for you.
 
Pork & max2k1

thanks for your replies. I've indeed started the process with the immigration lawyer of the company.

I got the affidavits (in anticipation) before recieving the RFE.

So far I was thinking date and place of birth needs to be mentioned on affidavits for whom BC is required, but I guess I am wrong.
 
As far as I remember, you can submit the affidavits ONLY if you also furnish a certificate from local government/municipality that they couldn't find the record of your birty in among their records.
 
Originally posted by brahmachari99
As far as I remember, you can submit the affidavits ONLY if you also furnish a certificate from local government/municipality that they couldn't find the record of your birty in among their records.
Click to expand...

From what I've read, you need Affidavits in 2 cases
(1) -- No B.C at all- this is what you've said -- this is also where you need the certificate from Govt that says they can't find any records for you ...
(2) B.C has incomplete/missing information -- like your name is missing. -- in this case submit the incomplete BC alongwith the affidavit(s)

Thanks!
 
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