RFE FOR CRIMES NEVER COMMITTED!!!!

[Rob & Jin 0]

All excellent advice.

My $0.02 worth: With every submission that does not clarify, there is a increase in confusion. This is not unusual. It happens in every branch of our government. I would carefully consider each of their requests and ensure that each one is addressed fully and itemized on a letter of explination. An alternative to this would be to schedule an interview thru INFOPASS for a sit down with a case worker. However, make sure that every piece of evidence required to resolve the issue is either on hand at the interview or get a very detailed explination from them of exacly what is needed from the USC to resolve the issue as quickly as possible. A great deal of time is wasted either by you not understanding what it is that they want or them not fully clarifying what they need to fix things. Have them nail it down in bullet statements and then respond with exactly what they ask for. Keep it black and white, get rid of the gray.

YES YES YES

I fully agree...Infopass would be great way to nail it down..and definetly keep it black and white. Excellent suggestion

You can only use infopass if your case is at a field office, sorry

[MKCT 0]

They have gave me very few time to answer this letter, within 4 weeks my response need to be in VSC! Infopass is taking to long. Thanks everyone and I'll keep you posted.

Edited November 6, 2007 by Mirla

[archie07 0]

Hi Mirla... don't know what I did wrong with trying to put that ombudsmans' link in there.

You have received some excellent advice, I still feel that your case is one that should be sent to the ombudsman to look at - that office is just trying to understand where all the problems lie in the various centers, and then make recommendations in to the USCIS for making systems run smoother.. without our input the whole system will never change..

So since I can't seem to correctly Link in

I have tried again... , about half way down the page is the information about contacting the ombudsman or the one for case submissions...

http://www.dhs.gov/xabout/structure/editorial_0482.shtm

have a GREAT day

Tracy

I'd be more tempted to send the Ombudsman a synopsis of my case AFTER I had a successful decision.

The Ombudsman cannot speed up individual cases.

I'd add that the problem the OP is dealing with was not caused by deficiencies of the system, this problem was the result of a mistake they made that got worst when they tried to fix it due to this lawyer's misleading advice.

I don't see where this lawyer misled these people at all. He hasn't had the opportunity to reply to the RFE yet. They made the mess of the first petition, not the lawyer. People say they like to handle thier own cases, well that's good, but some people aren't competent to fill out the paperwork or research the visa process. Granted, lawyers make mistakes too, but you have the option of reviewing all paperwork prior to the lawyer submitting it to USCIS. You sign the bottom line. This couple can't get past the petition stage, there's still the medical and interview to go. Hire a competent immigration lawyer to resolve this mess.

[~Laura and Nick~ 5]

Just wanted to tell you to hang in there.

[MKCT 0]

Hi Mirla... don't know what I did wrong with trying to put that ombudsmans' link in there.

You have received some excellent advice, I still feel that your case is one that should be sent to the ombudsman to look at - that office is just trying to understand where all the problems lie in the various centers, and then make recommendations in to the USCIS for making systems run smoother.. without our input the whole system will never change..

So since I can't seem to correctly Link in

I have tried again... , about half way down the page is the information about contacting the ombudsman or the one for case submissions...

http://www.dhs.gov/xabout/structure/editorial_0482.shtm

have a GREAT day

Tracy

I'd be more tempted to send the Ombudsman a synopsis of my case AFTER I had a successful decision.

The Ombudsman cannot speed up individual cases.

I'd add that the problem the OP is dealing with was not caused by deficiencies of the system, this problem was the result of a mistake they made that got worst when they tried to fix it due to this lawyer's misleading advice.

I don't see where this lawyer misled these people at all. He hasn't had the opportunity to reply to the RFE yet. They made the mess of the first petition, not the lawyer. People say they like to handle thier own cases, well that's good, but some people aren't competent to fill out the paperwork or research the visa process. Granted, lawyers make mistakes too, but you have the option of reviewing all paperwork prior to the lawyer submitting it to USCIS. You sign the bottom line. This couple can't get past the petition stage, there's still the medical and interview to go. Hire a competent immigration lawyer to resolve this mess.

First, I don't need to read your judgements of how competent we are....you don't even now what the real situation is or was in the past so please unless you don't have any useful comments to say, like some others posters did and helped a lot, then remain in silence. I don't need you to tell me whether I'm gonna need help or not with my medical. Mind your own business and worry about your medical, not mine.

Thank you anyways for your posts. I appreciate you took the time to read all this.

[archie07 0]

Hi Mirla... don't know what I did wrong with trying to put that ombudsmans' link in there.

You have received some excellent advice, I still feel that your case is one that should be sent to the ombudsman to look at - that office is just trying to understand where all the problems lie in the various centers, and then make recommendations in to the USCIS for making systems run smoother.. without our input the whole system will never change..

So since I can't seem to correctly Link in

I have tried again... , about half way down the page is the information about contacting the ombudsman or the one for case submissions...

http://www.dhs.gov/xabout/structure/editorial_0482.shtm

have a GREAT day

Tracy

I'd be more tempted to send the Ombudsman a synopsis of my case AFTER I had a successful decision.

The Ombudsman cannot speed up individual cases.

I'd add that the problem the OP is dealing with was not caused by deficiencies of the system, this problem was the result of a mistake they made that got worst when they tried to fix it due to this lawyer's misleading advice.

I don't see where this lawyer misled these people at all. He hasn't had the opportunity to reply to the RFE yet. They made the mess of the first petition, not the lawyer. People say they like to handle thier own cases, well that's good, but some people aren't competent to fill out the paperwork or research the visa process. Granted, lawyers make mistakes too, but you have the option of reviewing all paperwork prior to the lawyer submitting it to USCIS. You sign the bottom line. This couple can't get past the petition stage, there's still the medical and interview to go. Hire a competent immigration lawyer to resolve this mess.

First, I don't need to read your judgements of how competent we are....you don't even now what the real situation is or was in the past so please unless you don't have any useful comments to say, like some others posters did and helped a lot, then remain in silence. I don't need you to tell me whether I'm gonna need help or not with my medical. Mind your own business and worry about your medical, not mine.

Thank you anyways for your posts. I appreciate you took the time to read all this.

Way to go Mirla, I did read your post and admire your efforts in trying to resolve the RFE, but your in Peru and not the petitioner. I didn't say you were incompetant, I said some people are and need the help of a lawyer. You have less then 4 weeks to reply to this RFE and your fiance doesn't have an engine. Actually I read your post 4 times. Why risk another denial? Seek legal assistance. Good luck

[eric_and_teresa 10]

I don't see where this lawyer misled these people at all. He hasn't had the opportunity to reply to the RFE yet. They made the mess of the first petition, not the lawyer.

What about telling them to file a second petition without taking any action about the first denial? That was misleading information. It was pretty obvious that their previous case was still going to be in the USCIS files and that this issue was going to arise again while reviewing the second petition, the USCIS was not going to just forget about it. Their lawyer's solution to their problem was file again because it's 'easier', that was the 'quick fix' of an incompetent lawyer that could not forsee the consequences! If Mirla and her fiance hired an 'expert' it's because they needed his opinion and knowledge to prevent another mistake, but at the end he created more trouble more them. ANY lawyer not just an immigration lawyer should have been aware that filing and second petition was not going to automatically rectify nor erase the mistake they made in the first one because they still had their names and the original RFE in their records. This not only applies to immigration petitions this applies to any type of petition on any subject!

I'm sorry but if you can not see how the lawyer misled them... then I think you haven't understood the real problem here.

I agree on the part that it would be wise to contact a new lawyer, Mirla if you don't want to hire another lawyer that's fine, but it would be great to have at least another lawyer's opinion on this issue, just to make sure what the VSC has told your fiance is the right thing to do, better be safe than sorry.

Edited November 7, 2007 by eric_and_teresa

[MKCT 0]

Hi Mirla... don't know what I did wrong with trying to put that ombudsmans' link in there.

You have received some excellent advice, I still feel that your case is one that should be sent to the ombudsman to look at - that office is just trying to understand where all the problems lie in the various centers, and then make recommendations in to the USCIS for making systems run smoother.. without our input the whole system will never change..

So since I can't seem to correctly Link in

I have tried again... , about half way down the page is the information about contacting the ombudsman or the one for case submissions...

http://www.dhs.gov/xabout/structure/editorial_0482.shtm

have a GREAT day

Tracy

I'd be more tempted to send the Ombudsman a synopsis of my case AFTER I had a successful decision.

The Ombudsman cannot speed up individual cases.

I'd add that the problem the OP is dealing with was not caused by deficiencies of the system, this problem was the result of a mistake they made that got worst when they tried to fix it due to this lawyer's misleading advice.

I don't see where this lawyer misled these people at all. He hasn't had the opportunity to reply to the RFE yet. They made the mess of the first petition, not the lawyer. People say they like to handle thier own cases, well that's good, but some people aren't competent to fill out the paperwork or research the visa process. Granted, lawyers make mistakes too, but you have the option of reviewing all paperwork prior to the lawyer submitting it to USCIS. You sign the bottom line. This couple can't get past the petition stage, there's still the medical and interview to go. Hire a competent immigration lawyer to resolve this mess.

First, I don't need to read your judgements of how competent we are....you don't even now what the real situation is or was in the past so please unless you don't have any useful comments to say, like some others posters did and helped a lot, then remain in silence. I don't need you to tell me whether I'm gonna need help or not with my medical. Mind your own business and worry about your medical, not mine.

Thank you anyways for your posts. I appreciate you took the time to read all this.

Way to go Mirla, I did read your post and admire your efforts in trying to resolve the RFE, but your in Peru and not the petitioner. I didn't say you were incompetant, I said some people are and need the help of a lawyer. You have less then 4 weeks to reply to this RFE and your fiance doesn't have an engine. Actually I read your post 4 times. Why risk another denial? Seek legal assistance. Good luck

THank you, now we know what to do. An as far as the engine, fortunately he has two cars so he's using the other one Thanks for being concerned about it

[MKCT 0]

I don't see where this lawyer misled these people at all. He hasn't had the opportunity to reply to the RFE yet. They made the mess of the first petition, not the lawyer.

What about telling them to file a second petition without taking any action about the first denial? That was misleading information. It was pretty obvious that their previous case was still going to be in the USCIS files and that this issue was going to arise again while reviewing the second petition, the USCIS was not going to just forget about it. Their lawyer's solution to their problem was file again because it's 'easier', that was the 'quick fix' of an incompetent lawyer that could not forsee the consequences! If Mirla and her fiance hired an 'expert' it's because they needed his opinion and knowledge to prevent another mistake, but at the end he created more trouble more them. ANY lawyer not just an immigration lawyer should have been aware that filing and second petition was not going to automatically rectify nor erase the mistake they made in the first one because they still had their names and the original RFE in their records. This not only applies to immigration petitions this applies to any type of petition on any subject!

I'm sorry but if you can not see how the lawyer mislead them... then I think you haven't understood the real problem here.

I agree on the part that it would be wise to contact a new lawyer, Mirla if you don't want to hire another lawyer that's fine, but it would be great to have at least another lawyer's opinion on this issue, just to make sure what the VSC has told your fiance is the right thing to do, better be safe than sorry.

Thanks Eric, your posts were really helpful!!

[eric_and_teresa 10]

I don't see where this lawyer misled these people at all. He hasn't had the opportunity to reply to the RFE yet. They made the mess of the first petition, not the lawyer.

What about telling them to file a second petition without taking any action about the first denial? That was misleading information. It was pretty obvious that their previous case was still going to be in the USCIS files and that this issue was going to arise again while reviewing the second petition, the USCIS was not going to just forget about it. Their lawyer's solution to their problem was file again because it's 'easier', that was the 'quick fix' of an incompetent lawyer that could not forsee the consequences! If Mirla and her fiance hired an 'expert' it's because they needed his opinion and knowledge to prevent another mistake, but at the end he created more trouble more them. ANY lawyer not just an immigration lawyer should have been aware that filing and second petition was not going to automatically rectify nor erase the mistake they made in the first one because they still had their names and the original RFE in their records. This not only applies to immigration petitions this applies to any type of petition on any subject!

I'm sorry but if you can not see how the lawyer mislead them... then I think you haven't understood the real problem here.

I agree on the part that it would be wise to contact a new lawyer, Mirla if you don't want to hire another lawyer that's fine, but it would be great to have at least another lawyer's opinion on this issue, just to make sure what the VSC has told your fiance is the right thing to do, better be safe than sorry.

Thanks Eric, your posts were really helpful!!

Actually I'm Teresa and just like you I'm the latin-foreign fiance

[afterforever 0]

I a very sorry to hear about your problem Mirla. I agree, find youself an extremely experienced immigration attorney. I hope you can resolve this mess expeditiously. Good luck!!!

[archie07 0]

I don't see where this lawyer misled these people at all. He hasn't had the opportunity to reply to the RFE yet. They made the mess of the first petition, not the lawyer.

What about telling them to file a second petition without taking any action about the first denial? That was misleading information. It was pretty obvious that their previous case was still going to be in the USCIS files and that this issue was going to arise again while reviewing the second petition, the USCIS was not going to just forget about it. Their lawyer's solution to their problem was file again because it's 'easier', that was the 'quick fix' of an incompetent lawyer that could not forsee the consequences! If Mirla and her fiance hired an 'expert' it's because they needed his opinion and knowledge to prevent another mistake, but at the end he created more trouble more them. ANY lawyer not just an immigration lawyer should have been aware that filing and second petition was not going to automatically rectify nor erase the mistake they made in the first one because they still had their names and the original RFE in their records. This not only applies to immigration petitions this applies to any type of petition on any subject!

I agree with you on that, but it may have been too late to file an appeal. We don't know for sure but the lawyer may have expected an RFE over the first petition. Sometimes lawyers wait to see what is required and then address the problem. He was retained and it's his job to advise how to resolve this. Everyone gave excellent advice but I'd really hate to see her get another denial or more RFE,s. People always come to the conclusion lawyers are incompetant, but they have a bag of tricks when a problem arises and in this case the lawyer wasn't given the opportunity to answer the RFE.

I'm sorry but if you can not see how the lawyer misled them... then I think you haven't understood the real problem here.

I agree on the part that it would be wise to contact a new lawyer, Mirla if you don't want to hire another lawyer that's fine, but it would be great to have at least another lawyer's opinion on this issue, just to make sure what the VSC has told your fiance is the right thing to do, better be safe than sorry.

[archie07 0]

I don't see where this lawyer misled these people at all. He hasn't had the opportunity to reply to the RFE yet. They made the mess of the first petition, not the lawyer.

What about telling them to file a second petition without taking any action about the first denial? That was misleading information. It was pretty obvious that their previous case was still going to be in the USCIS files and that this issue was going to arise again while reviewing the second petition, the USCIS was not going to just forget about it. Their lawyer's solution to their problem was file again because it's 'easier', that was the 'quick fix' of an incompetent lawyer that could not forsee the consequences! If Mirla and her fiance hired an 'expert' it's because they needed his opinion and knowledge to prevent another mistake, but at the end he created more trouble more them. ANY lawyer not just an immigration lawyer should have been aware that filing and second petition was not going to automatically rectify nor erase the mistake they made in the first one because they still had their names and the original RFE in their records. This not only applies to immigration petitions this applies to any type of petition on any subject!

I'm sorry but if you can not see how the lawyer misled them... then I think you haven't understood the real problem here.

I agree on the part that it would be wise to contact a new lawyer, Mirla if you don't want to hire another lawyer that's fine, but it would be great to have at least another lawyer's opinion on this issue, just to make sure what the VSC has told your fiance is the right thing to do, better be safe than sorry.

The first petition was denied March 13. The second petition was received May 9th. The 33 days allowed to file an appeal had already expired. A motion to reopen would have needed to be filed, then an appeal causing a delay of approximately one year. The lawyer filed a new petition, provided a cover letter addressing the old petition which generated an RFE. This was not a quick fix but proper proceedure. Even trying to appeal the previous petition would still have required a new petition to be filed. I printed the OP,s post and consulted my immigration lawyer. The OP,s lawyer saved her time and money.