sending in supporting documentation after initial submission

[Simmy 3]

Hi there,

The I-485 asks for information regarding any past arrests. Well, 13 years ago I was arrested but not charged for a peaceful civil disobedience act. On coming into the U.S., I did say this to the border officer, and I know also that the RCMP (Canadian police) still have record of this despite there being no charge.

The I-485 gives clear instructions on what I need to do for this, and I've already called the RCMP about it. The problem is, it will take some time before my letter gets there, they actually get to it, and send back the confirmation that the charges were dropped. This will put my AOS process back some time. I am wondering if it is possible to send in the I-485 with a note saying that I am waiting for the RCMP for this information. But then, when I send in the information once it arrives from the RCMP (which I'm expecting to take a while), when I send that on to USCIS, can I be sure that it'll be matched up with my file (by this point I'll at least have an NOA number to send along with it). This would certainly speed things up if it can be done, but can it?

Thanks,

Simmy

[Leigh Ann 8]

But then, when I send in the information once it arrives from the RCMP (which I'm expecting to take a while), when I send that on to USCIS, can I be sure that it'll be matched up with my file (by this point I'll at least have an NOA number to send along with it). This would certainly speed things up if it can be done, but can it?

No, you definitely cannot be sure that it will be matched up with your application. The way I see it is that you have 2 options. 1) Wait until you have everything and submit it all together. 2) Submit it when you're ready otherwise, and wait for an RFE requesting the report, and then submit it along with the RFE form back. You'll have 87 days from the time the RFE is sent to you to send it back so if you go that route, make sure that you feel confident that you'll have it by then or you'll be denied for not complying with the RFE.

[Simmy 3]

ah yes, okay. this makes sense. Would the RFE then add a lot of time to the process, if any?

[Leigh Ann 8]

ah yes, okay. this makes sense. Would the RFE then add a lot of time to the process, if any?

Yes, your case is on hold (i.e. there is no processing while the RFE is out) until you submit what's requested in the RFE. Time depends on how long it takes before you can send it back.

All in all, you'll have to decide whether you want the delay to be before you send the application or the potential delay with the RFE, but that'll only be a delay if you don't have the materials by then.

You can see the timeline between when I submitted and got the RFE in my signature.

[Simmy 3]

Leigh Ann,

Your timeline has "Resumed processing - 6/30/10". Is this something you knew or it it just an estimation? Basically I'm wondering if the RFE interrupts the overall process in any way beyond the time it takes to send the RFE and for us to send the requested information back. It sounds like not, from your timeline, which would be great, because this would definitely be quicker than waiting for the RCMP at this point (and I'm pretty sure it will be here in time for the RFE). Plus there's the chance that they might not actually ask for the information.

It does sound like sending and expecting an RFE is the way to go. Just making sure that an RFE doesn't add considerable processing time beyond mailing times.

Thanks!

Simmy

[Young Love 5]

...

It does sound like sending and expecting an RFE is the way to go. Just making sure that an RFE doesn't add considerable processing time beyond mailing times.

Yep, the RFE way is the one to go with regardless. The sooner you send it, the sooner your case will be resumed. It only took them a few days for me.

Good luck!

[JimVaPhuong 4,863]

Leigh Ann,

Your timeline has "Resumed processing - 6/30/10". Is this something you knew or it it just an estimation? Basically I'm wondering if the RFE interrupts the overall process in any way beyond the time it takes to send the RFE and for us to send the requested information back. It sounds like not, from your timeline, which would be great, because this would definitely be quicker than waiting for the RCMP at this point (and I'm pretty sure it will be here in time for the RFE). Plus there's the chance that they might not actually ask for the information.

It does sound like sending and expecting an RFE is the way to go. Just making sure that an RFE doesn't add considerable processing time beyond mailing times.

Thanks!

Simmy

The relevant question on the I-485 is "Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?". Someone who was arrested for civil disobedience and released would have to answer "yes". Someone who was convicted of serial murders and escaped from prison would also have to answer "yes". Which one of these are you? They don't know until you provide the arrest record.

The purpose of the question is to determine if you might be ineligible because of your criminal history. There's no way they can know this until they know what your criminal history is. If you answer "yes" to the question, they will absolutely require the arrest record before they'll approve the AOS. You WILL get an RFE for it. If you submit the application before you have the relevant police records in hand then you're taking a risk that you'll get the records before the RFE time limit expires.

If you create an account on the USCIS website to monitor your case status then you'll be able to see the last date your case was updated, and the status on that date. I presume that's how Leigh Ann knew when her case had resumed processing.

[Simmy 3]

Yep -- I understand the risk, and I think I am just going to take it -- I have a direct line of communication with the detachment that arrested me and I think that should be fine. I mean, if they can't get the info to me within a month, they'd never get it to me. I'm also going to send in a note with the application saying that I'm waiting for this information, and explaining the nature of the arrest in the application, noting that I expect to have the information by the time they RFE me. The incident couldn't have been a more peaceful one, and in fact it's well documented on news articles that are still easily found on the internet (with clear and obvious references to me by my name) so I could send links to some articles seeing that they *may* just take my word that the charges were dropped without RFE'ing, or if not, it still might satisfy them to see how obviously peaceful the incident was -- these articles are numerous online -- and again not RFE.

There's no *harm* in doing that, is there?

[Simmy 3]

UH OH!!! I've ran into somewhat of a showstopper -- separate from the arrest documentation but relating to the same question, I have no birth certificate. I was born in South Africa. I've read the information here and I understand that in lieu of a birth certificate I can send 1) an official statement from the government of my birth country that they don't have a birth certificate for me, along with 2) an affadavit of birth from my mother. The latter is not a problem. However, with respect to #1, I called the South African consulate in New York, and they say that they CAN issue me a birth certificate if I fill out a form and mail it to them. BUT processing time is 6 months to a year!!!

Before I proceed with that question, note that I immigrated to Canada when I was 1 year old, and I have a citizenship card from Canada from when I was about 3 -- in Canada, I have successfully used this card in place of a birth certificate when asked for one. Not having an actual birth certificate was never a problem for me before, including when I obtained Canadian citizenship, in part I believe because I was so young -- as in this case the concern about birth country may be what I may have done in that country -- thus is the fact that I left after only one year, accompanied with my Canadian citizenship card, an affadavit of birth from my mother, and a note explaining the situation perhaps not enough to satisfy the birth certificate requirement?

If not, the best I can hope for from the South African government is 6 months to 1 year for a birth certificate -- I did inquire with the consulate about the South African government mailing me a letter saying that they are processing my birth certificate request -- but apparently I can only get this letter from the same (severely bureaucratic and incredibly backlogged) department that actually processes the form; I imagine it will take a long while just to get a letter saying, "we're processing your birth certificate application" -- and in any case, would such a letter help?

This has turned into a what could be a major stumbling block, seemingly a much bigger deal than any of the other questions I've asked. Can anyone help me with this? I'm feeling rather desperate about this. I'm actually getting married TODAY and this is totally not what what I want to be thinking about.

Thank you,

Shiraz

[Harpa Timsah 13,258]

I'm not really sure how to handle it, but I did want to offer this idea. You say that you can use a statement from SA that they don't have a birth certificate for you, so why go through all the rigamarole to issue an official decades-after-the-birth certificate? Can't the embassy or someone provide you with a letter that there is no birth certificate of record? Just an idea.

Also, congrats on getting married! Enjoy it and don't worry about all this junk! It'll work out!

[Simmy 3]

Nope -- to clarify, and this is why I seem to be in a bind: the South African government *does* issue birth certificates, but it takes 6 months to 1 year. So I can't get a statement from them saying "we don't have a birth certificate for Samuel", and yet I have to wait 6 months minimum to get one. A bit of a catch-22!

[Simmy 3]

WOW! Well, we can scratch my last few messages (is there a way to delete posts?) My mother, after insisting she didn't have one, FOUND MY BIRTH CERTIFICATE!!! It was a deep and involved search that took a few hours, but she found it! All I can say is PPPPPHEEEEEEWWWWWWWWWW. I was NOT stoked waiting six months to continue this process. Thanks for your help on this Harpa -- alas I can let this one rest.

I'm still wondering whether I should send links to internet articles regarding my civil disobedience arrest or whether y'all think it would do more harm than good? (see my question above)

And again a big PPHHHEEEEWWWWWW -- I'm going to my wedding relaxed now (it's in 1.5 hours!!!)

Cheers,

Simmy

[Leigh Ann 8]

WOW! Well, we can scratch my last few messages (is there a way to delete posts?) My mother, after insisting she didn't have one, FOUND MY BIRTH CERTIFICATE!!! It was a deep and involved search that took a few hours, but she found it! All I can say is PPPPPHEEEEEEWWWWWWWWWW. I was NOT stoked waiting six months to continue this process. Thanks for your help on this Harpa -- alas I can let this one rest.

I'm still wondering whether I should send links to internet articles regarding my civil disobedience arrest or whether y'all think it would do more harm than good? (see my question above)

And again a big PPHHHEEEEWWWWWW -- I'm going to my wedding relaxed now (it's in 1.5 hours!!!)

Cheers,

Simmy

Whew! Glad your mom found it! I had to deal with the SA embassy in NYC last year. They helped me out big time, but it was not a pleasant experience, at all.

I don't think it would be harmful, but it's pretty much certain that you're going to get an RFE regardless.

And yes, I knew it had resumed processing because of the internet notifications, as Jim mentioned.

Enjoy your wedding!!

[Simmy 3]

the wedding was super beautiful -- the vows were super sweet. stunning in fact for a civil wedding. thanks for the well wishes!

i'm stoked!!

[Simmy 3]

Just re-visiting this topic,

You'll recall that I was concerned that the documentation from the police regarding my arrest (for an act of civil disobedience) wouldn't come back in time for the AOS. Well, happily, I've received a letter back from the police but I'm not sure if it suffices or not. If you have a moment, please chime in... I started a new post for hit here: http://www.visajourney.com/forums/topic/271306-letter-from-police-regarding-arrest-is-this-sufficient/

Thanks,

Simmy