RFE FOR CRIMES NEVER COMMITTED!!!!

[rouguewave 7]

Mirla,

I don't believe that hope is lost, but first I am going to ask that you calm down. I have read what you posted and I believe they are telling you the answer you are looking for. Read again this section:

How ever, you haven't submitted all the disposition for the criminal convictions you check off that you had. The letter form the departme of public safety clearly notes that the records of that deparment don't relfect if you have been arrested by any state, local or federal law enforcement agencies. Further that inquiry was based upon name check only and is not supported by a fingerprint comparison. Therefore, the letter sumitted doesn't stablish that you checked off any of the boxes in error on questions 2 and 3 of page 3 on From I-129F...

Even though you made a mistake in the original petition, you now have to establish that there was a mistake. To do this you must...

1) Write a letter identifying the original mistake.

2) Provide information on the original 1 case disposition

3) Provide evidence of a criminal check based on fingerprints

Based on your description, I suspect that what you are missing is #3, based on what they say in the letter (RFE). When you request a criminal check, it can be based on name, address, etc or it can be based on fingerprints. A quick look on the internet shows that when it is a fingerprint request made at the state level, it reaches into the FBI database. I've linked to the request form for Missouri State Highway Patrol as an example.

What Pat has to do is determine how to produce a fingerprint search of his criminal records, which probably can be done through New York (his state) Highway Patrol. Then send ALL 3 pieces indicated above in AGAIN, even though you have sent them before. If the fingerprint search turns up any additional cases on his records, he will have to get information on those to add to the package.

I will take a look at the RFEs if you send them to me, but please understand that I am not a lawyer, immigration or otherwise. I have no experience with this. But I work with beaurecrats, so I've learned to read and think like they do. I cannot give you legal advise. I can only tell you what my eyes see.

Frank

http://www.mshp.dps.missouri.gov/MSHPWeb/P...rms/SHP-158.pdf

[amrssnowangel 0]

Mirla, this is just how I would handle it:

Get updated information from police reports, court documents, arrest records, ANYTHING you sent first time. Get updates. Send in BOTH sets. Use a colored paper to seperate them. On top of that, I'd write a DETAILED letter, readvising WHERE he has lived and when. Stating that all court documents are attached and a detailed explaination of WHY he checked those boxes first time and not this time. GET it notorized. Get copies of his DMV records from the time he was licensed. ANY DUI's or DRUG issues, or ALOT of legal issues will be reported here. (i used to sell auto insurance.I know this.) In the letter reference this back to the court documents as more proof that he had no additional convictions. Follow the RFE letter to the T. Make sure all I's are doted...at t's are crossed. So your packet should include:

ALL old legal documents pertaining to incident that occured

ALL UPDATED legal documents pertaining to incident that occured

NOTORIZED letter of DETAILED explaination address the issues and concerns of VSC

Copy of RFE letter

Paper clip this together. Overnight back in envelope with RED marking on outside that RFE RESPONSE ENCLOSED

Make sure to have it signed for

On EVERY page, write his name, your name, case number, and the statement "ORIGINALS AVAILABLE UPON REQUEST"

Just be sure to give details of why this happened...include your attorney's name address and phone number as well as Pat's. Include the statement that he is willing to cooperate in any way they need to clear up this issue and to feel free to contact him directly. (open book/open door policy)

He wants the letter to be professional, direct and to the point but not defensive.

This isn't a Denial...just they want to clarify why this inconsistancy.

Good luck girl.

[NavarreMan 10]

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.

[amrssnowangel 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

[Nicole_Michel2007 0]

Did you also send a letter explaining that a mistake was made on the first submission and that the new submission was made on the advice of a lawyer. Perhaps it might be worth adding such a statement/explanation and getting that notarised as well as resubmitting the proofs of a clean record.

Thats exactly what i was thinking - maybe they just need an explanation as to why it was done twice and with different answers. Resubmit everything you did last time - although i would get everything as of todays date - just to cover yourself in case they come back and say well these reports aren't current enough.

I have a friend of mine who's going through the deportation process off of a k1 - long story short his fiance the USC screwed him royaly - but ne way - he gets letter after letter from uscis and once you weed through all the fluff - there's only a few key lines in the letter. Try and figure out whats real and whats fluff - what are they really accusing you of and what are they really asking for.

And I agree with everyone else. You got a RFE not a denial. Keep your head up and stay strong - I know i've not been waiting nearly as long as you have but when Micho and I get down and just can't take it and we're at each others necks about little things. I laugh and tell him - u know if we get through this time right now - we can make it through anything once we're finally together. Keep your head up.

[Nicole_Michel2007 0]

Just a thought but maybe you should contact that x adjundicator for his 2 cents on the matter.

[archie07 0]

How ever, you haven't submitted all the disposition for the criminal convictions you check off that you had. The letter form the departme of public safety clearly notes that the records of that deparment don't relfect if you have been arrested by any state, local or federal law enforcement agencies. Further that inquiry was based upon name check only and is not supported by a fingerprint comparison

I believe a fingerprint check may resolve the problem if all else fails.

[RosemarieL 0]

How ever, you haven't submitted all the disposition for the criminal convictions you check off that you had. The letter form the departme of public safety clearly notes that the records of that deparment don't relfect if you have been arrested by any state, local or federal law enforcement agencies. Further that inquiry was based upon name check only and is not supported by a fingerprint comparison

I believe a fingerprint check may resolve the problem if all else fails.

The fingerprint check sounds like a good idea.

[BRIAN AND ISA 0]

I would suggest to send them everything they ask for and break everything down for them. I would make it as easy to understand as possible. Write a cover letter explaining everything that happened, send a copy of the RFE with the items they requested. Stay positive and things will work out. Good luck and we will be praying for your quick approval.

[rebeccajo 14]

*grrr*

damn flood control

Edited November 6, 2007 by rebeccajo

[rebeccajo 14]

Whoa!

You have a lawyer. You are paying the lawyer, correct?

If the lawyer will not or cannot assist you - GET ANOTHER ONE.

I think the problem here is potential for the perception of material misrepresentation on your part - something which can result in denial of this petition and any future petitions.

I don't know if you withdrew your previous petition, but that should also have been done.

You've had some good suggestions here on how to handle this, but I wouldn't take one step forward without consult from COMPETENT legal counsel. And if I had paid a lawyer and he had already caused me an RFE, I would be in his office wanting his head on a platter.

PS - Infopass is fairly pointless at this stage of the game. And you can't phone the service center. Your only option is to answer the RFE.

Edited November 6, 2007 by rebeccajo

[*julez* 124]

I agree with RebeccaJo. Unfortunately you got bad advice the first time you filed and the lawyer you hired for the next one should have made sure the issue with your first petition was addressed when you filed your second petition. USCIS does not forget about previous filings! It sounds like your current attorney isn't very knowledgeable with immigration law. You need to find someone who is so they can clearly explain the misunderstanding with the first filing, since it was obviously not properly addressed with your RFE sent in regard to that petition. Good luck Mirla!

[Zee Bee 61]

Mirla, I think you have gotten a lot of good advice here. Take some time to read it and decide what is best for you and Pat to do.

Like everyone said, at least it is an RFE and not a flat out denial. I am sure you can turn this around

[Bill y Bella 0]

Mirla,

I am going to speak to you bluntly, but please understand that I do so in an attempt to help.

1. Calm down. You were not denied so what happens next is within your control.
2. Feel a little lucky. The adjudicator has given you the opportunity to clear things up. Given the situation be grateful that you were not denied a second time.
3. Take responsibility. Your first petition contained errors and your response to the RFE from that petition was inadequate. Now you have submitted a second petition that contradicts the first. I suggest you stop blaming the USCIS for this mess and concentrate on how to get things fixed. If I was the adjudicator I would be asking a lot of questions also.
4. Slow down. You need to accept that it is going to take some time for you to prepare your response. You don't want to rush this. In this case taking a few more weeks to build as strong a response as possible will be time well spent.
5. Get some help. I think that you need a good immigration attorney to guide you through this. If you do not have confidence in your attorney find a new one. I do not think you should be handling this case on your own. Your description of the situation is emotional and confusing. If you respond to the RFE in the same manner I think you will be risking a denial. Contact this member for some advice about choosing an attorney. She also got herself into a pickle but was able to get things straightened out with some help.
6. Take control. The attorney will provide guidance, but it is your responsibility to review their work and make sure it is adequate prior to sending anything else to VSC. There are lots of people here who will be willing to help you with this. Some honest hard hitting peer review might help strengthen your response. With that said, realize that none of us are attorneys and I would be surprised if anyone has dealt with your exact situation before.
7. Be thorough. Make sure that your response addresses every question and request contained in the RFE and anticipates any unspoken concerns. Put yourself in the adjudicator's position and consider what you would be thinking in this situation. Remember, the adjudicator has been trained to question everything and to detect fraud. You have unfortunately created a situation where your petition looks suspicious. Make a list of everything negative that they could possibly be thinking and then systematically address each concern. There have already been several good sugestions posted as to how you might do that.

I wish you good luck. Now get to work!

[MKCT 0]

How ever, you haven't submitted all the disposition for the criminal convictions you check off that you had. The letter form the departme of public safety clearly notes that the records of that deparment don't relfect if you have been arrested by any state, local or federal law enforcement agencies. Further that inquiry was based upon name check only and is not supported by a fingerprint comparison

I believe a fingerprint check may resolve the problem if all else fails.

He had live all his live in NY. We got the report from the whole county.

Some friends also mention the fingerprints. I've been looking all night and online where to get fingerprints taken and I went on to my fiance's town police department and it says this:

Can I get fingerprinted for non-criminal reasons?

Yes, the Police Department fingerprints residents for non-criminal

reasons. There is a charge for this service.

What I don't have clear is non-criminal reasons....??? Will this be fine to send with the RFE????