Mother I-130 second RFE

[Joseph V 10]

Hello.
On april 2021 I submitted a I-130 for my mother, then on February 2022 I received a RFE because my mother took 6 years to get me registered with my country (colombia) so on my birth certificate the registered date is about 6 years after i was born, on march 2022 I flew to Colombia to try to get as much documentation as possible but sadly at the hospital I was told that because we were from a rural town, most of the old records were lost and now everything was digital with whatever they managed to save, so I got 2 affidavits from close family friends stating that I am my mother son as well a certificate for a government daycare stating what years to what years i went there and my parent names as well, I authenticated all this and sent it back to the USCIS.

On June 15th I receive another REF saying the documents i summitted were insufficient and send me another list but now im kinda confused, It says that 

"After careful review and consideration of the entire record, USCIS is re-issuing you a new RFE to give you an additional opportunity to submit new evidence, as well as to undergo voluntary DNA (deoxyribonucleic acid) testing to establish the claimed relationship, should you wish. If you do not choose to submit new evidence or if you do not wish to participate in the optional, voluntary DNA testing, USCIS will make a final adjudicative determination based on all the evidence submitted by you to us by the deadline date. If you choose to undergo DNA testing and the laboratory is unable to mail the results to our office by the deadline date, you must still respond to this notice within the allotted time period and submit evidence from the laboratory indicating that DNA testing has been initiated. In Matter of Rehman, 27 I&N Dec. 124 (BIA 2017), the Board of Immigration Appeals (the Board) addressed late registered birth certificates. The Board provided a non-exhaustive list of factors to consider when determining whether a late registered birth certificate is sufficiently reliable proof of the parent-child relationship, including:"

does this means if we get a DNA test and the lab mail the results back to them, it will be more than enough or do i should still try to get documents from my country.

[arken 4,197]

11 minutes ago, Joseph V said:

so I got 2 affidavits from close family friends stating that I am my mother son as well a certificate for a government daycare stating what years to what years i went there and my parent names as well, I authenticated all this and sent it back to the USCIS.

Usually the affidavits should be by the people who were around your mother (not necessarily next to her seeing her giving birth) but at least in the neighborhood or area when your mother gave birth to you. They would usually write "I was there (in the area) when Xxxx gave birth to xxxx on this date in this place". Anyone simply saying i have known them as mother and son like that won't be accepted by uscis.

 

Anyway, at this time DNA is the best case scenario. You don't have to deal with any other things then.

[Joseph V 10]

50 minutes ago, arken said:

Usually the affidavits should be by the people who were around your mother (not necessarily next to her seeing her giving birth) but at least in the neighborhood or area when your mother gave birth to you. They would usually write "I was there (in the area) when Xxxx gave birth to xxxx on this date in this place". Anyone simply saying i have known them as mother and son like that won't be accepted by uscis.

 

Anyway, at this time DNA is the best case scenario. You don't have to deal with any other things then.

yeah i tried that and they said is not sufficient, So DNA test should be enough, thats my concern.

[Family 3,988]

1 hour ago, Joseph V said:

yeah i tried that and they said is not sufficient, So DNA test should be enough, thats my concern.

DNA will be enough. Do prepare a response stating that you have tried to obtain additional evidence but records are not available and send proof of Lab Confirmation. You did not mention including old photos of you w mom and other family members, baptismal certificate..but they can be added.

[SusieQQQ 11,586]

Do the dna test. We had a similar issue with uscis where documents were hard to come by, we didn’t even bother trying to get them and just did the dna and it was fine.

[Joseph V 10]

7 hours ago, Family said:

DNA will be enough. Do prepare a response stating that you have tried to obtain additional evidence but records are not available and send proof of Lab Confirmation. You did not mention including old photos of you w mom and other family members, baptismal certificate..but they can be added.

yeah thats hard to obtain as well you know back then was harder and who was my dad was not really my dad and yada yada baptism was done when i was 12 years of age lol.

[JeanneAdil 6,496]

It doesn't say a DNA test is enough  WHY?   not idea

but it says USCIS wants additional evidence and a DNA if u wish to undergo the test

U need to respond to the RFE ASAP as they give u limited time to do so

 

 USCIS is re-issuing you a new RFE to give you an additional opportunity to submit new evidence, as well as to undergo voluntary DNA (deoxyribonucleic acid) testing to establish the claimed relationship, should you wish

 

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

 

page 8 and 9 describe what evidence (such as school records) USCIS accepts and then the following statement:

 

If records like those described above are not available, then you may submit two or more written statements from individuals who were living at the time and who have personal knowledge of the event you are trying to prove, such as the date and place of birth, marriage, or death. The individuals making the written statements do not have to be U.S. citizens. Each written statement must contain the following information regarding the individual making the written statement: his or her full name, address, date and place of birth, full information concerning the event, and complete details explaining how the individual acquired personal knowledge of the event. Finally, each individual’s written statement must include the following declaration, “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on [date], [signature].” E. For parent-child relationships only: If other forms of evidence have proven inconclusive, the petitioner may submit on a voluntary basis other evidence of a birth parent and birth child relationship to include deoxyribonucleic acid (DNA) testing. DNA test results will only be accepted by USCIS from parentage-testing laboratories accredited by the American Association of Blood Banks (AABB). A list of laboratories can be viewed at www.aabb.org/sa/facilities/Pages/RTestAccrFac.asp

[SusieQQQ 11,586]

2 hours ago, JeanneAdil said:

It doesn't say a DNA test is enough  WHY?   not idea

That’s standard wording 

also don’t know why but not aware of any actual case it has not been sufficient if it meets the standard they require 

[Joseph V 10]

Tomorrow we have the appointment for the DNA test, Im guessing ill bring the "contractor Scanning required" cover sheet along with the notice from the USCIS, 
Now the question is this, for my understanding the lab sends the results directly to the USCIS if so then what respond should i send to the USCIS?

[SusieQQQ 11,586]

7 hours ago, Joseph V said:

Tomorrow we have the appointment for the DNA test, Im guessing ill bring the "contractor Scanning required" cover sheet along with the notice from the USCIS, 
Now the question is this, for my understanding the lab sends the results directly to the USCIS if so then what respond should i send to the USCIS?

Trying to remember what we did. I think I just sent them a letter with the date and lab that we did the test at. 

[Joseph V 10]

2 hours ago, SusieQQQ said:

Trying to remember what we did. I think I just sent them a letter with the date and lab that we did the test at. 

Alright, I called the lab again and they told me " you dont have to do anything, we will give u a tracking once we have the results sent to the USCIS", im kinda scare that if i send a response to the USCIS it might get taken as evidence submission 

[Family 3,988]

If you within timeframe of RFE due date then wait for tracking and add that to your response.

IF you are close to due date just submit proof of ANY emails w lab, payment for services and u will be ok