Strange RFE Dec 2001 Case.

S

Stuka

Registered Users (C)
I was expecting an employment based RFE.

However, this is what the RFE has asked for:

1. Photocopy of all pages of Passport.

2. 1-94 Card

3. Copy of Birth Certificate

4. Arrival and Departure details of all trips taken since initial arrival in the United States. Include: Exact Dates and purpose of trips.

The earlier RFE was for JI Waiver documentation. Now I get this RFE after one year. What the hell is happening????

Anyone recieved such an RFE? esp the last part?
 
Stuka said:
4. Arrival and Departure details of all trips taken since initial arrival in the United States. Include: Exact Dates and purpose of trips.

The earlier RFE was for JI Waiver documentation. Now I get this RFE after one year. What the hell is happening????

Anyone recieved such an RFE? esp the last part?
Click to expand...

May be they are tryting to determine if you have ever been staying in US illegally i.e whether if were you were out of status.

Don't worry if there is no such stay. If there indeed is such a stay then if it is < 6 months then you can pay some amt/fine and get this resolved.
 
Stuka said:
I was expecting an employment based RFE.

However, this is what the RFE has asked for:

1. Photocopy of all pages of Passport.

2. 1-94 Card

3. Copy of Birth Certificate

4. Arrival and Departure details of all trips taken since initial arrival in the United States. Include: Exact Dates and purpose of trips.

The earlier RFE was for JI Waiver documentation. Now I get this RFE after one year. What the hell is happening????

Anyone recieved such an RFE? esp the last part?
Click to expand...


I do not know how many trips you took since your initial arrival in the US, if any and whether you have the proof for all these trips! However, I read and posted it earlier that according to AILA, you only need to show proof of status from last entry until today. You may need to contact them or your lawyer. This was in reference of the 245(k)...

The USCIS Chief Counsel has announced that the services centers will be instructed that, for purposes of section 245(k), an adjustment of status applicant needs to demonstrate maintenance of status only from his or her last entry up to the date of filing of the adjustment of status application. This ruling is in response to the Texas Service Center requiring proof of maintenance of status for all stays in the U.S. Although the written guidance of is not out yet, those who receive an RFE or denial on this basis, contact the American Immigration Lawyers Association for more information.
 
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Stuka said:
4. Arrival and Departure details of all trips taken since initial arrival in the United States. Include: Exact Dates and purpose of trips.

The earlier RFE was for JI Waiver documentation. Now I get this RFE after one year. What the hell is happening????

Anyone recieved such an RFE? esp the last part?
Click to expand...

May be they are trying to determine if you have ever been staying in US illegally i.e whether if you were out of status.

Don't worry if there is no such stay. If there indeed is such a stay then if it is < 6 months then you can pay some amt/fine and get this resolved.
 
See, my friend, I told you so

Stuka said:
I was expecting an employment based RFE.

However, this is what the RFE has asked for:

1. Photocopy of all pages of Passport.

2. 1-94 Card

3. Copy of Birth Certificate

4. Arrival and Departure details of all trips taken since initial arrival in the United States. Include: Exact Dates and purpose of trips.

The earlier RFE was for JI Waiver documentation. Now I get this RFE after one year. What the hell is happening????

Anyone recieved such an RFE? esp the last part?
Click to expand...

If you remember, I said that it probably would not be an employment RFE.

As far as the RFE content goes, there is nothing unusual about it. When my lawyer was putting together my I-485, he requested copies of all the pages of my passport. He also mentioned that this is the way it is normally done. He also had us submit copies of our birth certificates and I-94. We did not have to submit all the arrival and departure details of all our trips out of the country. I hope we are not going to have to, for I travel out of the country quite frequently.
 
Hi Guys

The surprising thing is that my previous RFE was for J1 waiver that I did submit with the original documents.

The case officer sat on my case for one year and then sent me this RFE tho I did submit the I-94 as well as the birth certificate. I did not submit ALL papers of the passport though. The previous RFE should have included this, I see no reason to sit on my case for an year and then send me this.

Also, I was never out of status at all. Anyways, I have all the documentation and will send it right away. Turn around time of a week or so.

BTW, my lawyer is saying that I will probably be getting a third RFE for proof of employment as well. :mad:
 
I predict that your lawyer will be proven wrong. He is probably not familiar with the latest Yates memo. You will probably get your approval within the next couple of months or so provided you respond to RFE promptly and you have no outstanding issues.
 
Timeauti

Ghee and Shakkar in your mouth dude. I got the RFE today.

I have all the paperwork ready and plan to fedex it tomorrow.

For the documentation of trips I have put dates, destinations, purpose and status in excel document. I have never been out of status even for one day ever. Hopefully they don't take another year to send me another RFE.
 
I would send them just exactly what they asked for, and that is for three reasons.

First, and foremost, if they do not like something in your new EVL/paystabs/W2/taxforms, they may send you another RFE. So far they have sent you two RFEs, neither about your employment. The chances are they think the employment part of the application is fine, and, as they say, if it ain't broken, don't fix it.

Second, Americans like specificity. If people give them the info they did not ask for, they generally find it annoying. You do not want to get your adjudication officer annoyed.

Thrird, in gathering additional information that has not been requested, you will waste valuable time. They have already wasted a lot of your time. Do not add to that.

Having said that, consult with your lawyer. If he advises you to send EVL, paystabs, and other like stuff, please take his advise and disregard mine. I still think, though, that he is wrong regarding employment RFE.
 
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