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Thread: RFE, please HELP!

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    RFE, please HELP!

    Hey there folks,

    Last week, I received an RFE from the NSC. My case had been there since May 15th and got looked at very shortly after that. I finally received this RFE letter through my lawyer who is in England around the 15th of June. Please do read and let me know your thoughts... My waiver was required due to OVERSTAY AND MISREP in February 2011 when I was REMOVED. THANKS!

    June 9, 2012

    The documentation submitted is not sufficient to warrant favorable consideration of your
    petition/application.

    Your response must be received in this office by September 1, 2012

    Your case is being held in this office pending your response. Within this period you may:

    1. Submit all of the evidence requested.
    2. Submit some or none of the evidence requested and ask for a decision based upon the record; or
    3. Withdraw the application or petition. (It is noted that if you request that the application or
    petition be withdrawn, the filing fee cannot be refunded).
    You must submit all of the evidence at one time. Submission of only part of the evidence requested
    will be considered a request for a decision based on the record. No extension of the period allowed to
    submit evidence will be granted. If the evidence submitted does not establish that your case was
    approvable at the time it was filed, it can be denied.
    If you do not respond to this request within the time allowed, your c se will be considered abandoned
    and denied. Evidence received in this office after the due date may not be considered.
    If you submit a document in a language other than English, please include a complete English
    translation. The translation does not need to be notarized, but the translation must include a statement
    from the translator certifying that he or she is fluent in English and t e foreign language, that he or she
    is competent to translate from the foreign language into English, and that the translation is complete
    and accurate.

    You have been found inadmissible to the United States under section 212( a)(9)(B) of the Immigration
    and Nationality Act (INA) because you had previously been unlawfully present in the United States in
    excess of either 180 days, or for one year or more.

    To be eligible for a waiver under section 212(a)(9)(B)(v) of the IN ,you must show that:

    • You have a U.S. citizen or lawful permanent resident spouse or parent, or a U.S. citizen
    fiance) who petitioned for your K visa, who would experience extreme hardship if you were
    denied admission, and
    • Your application should be granted as a matter of discretion, with the favorable factors
    outweighing the unfavorable factors in your case.
    You have been found inadmissible to the United States under section 212(a)(6)(C)(i) of the
    Immigration and Nationality Act (INA) because you sought to procure an immigration benefit by
    fraud or willfully misrepresenting a material fact.
    To be eligible for a waiver under section 212(i) of the INA, you must show that:
    • You have a U.S. citizen or lawful permanent resident spouse or parent, or a U.S. citizen
    fiancι/e) who petitioned for your K visa, who would experience extreme hardship if you were
    denied admission, or
    • You are a VAWA self-petitioner, and that you or your U.S. citizen, lawful permanent resident,
    or qualified parent or child would experience extreme hardship if you were denied admission;
    and
    • Your application should be granted as a matter of discretion, with the favorable factors
    outweighing the unfavorable factors in your case.

    The record indicates that in addition to the inadmissibility grounds for which you have filed Form
    1-601, you are also inadmissible under section 212(a)(9)(A) of the Immigration and Nationality Act
    (INA) due to a previous removal or deportation.

    An individual who is inadmissible under section 212(a)(9)(A) INA may file an Application for
    Permission to Reapply for Admission to the United States After Deportation or Removal (Form 1-212).
    Your application does not include sufficient evidence that your qualifying relative spouse would
    suffer extreme hardship if you are refused admission to the United States.
    The evidence submitted includes, but is not limited to, the following:

    1. Affidavits from you and your spouse expressing extreme hardship due to financial and medical
    issues
    2. Affidavits from others indicating your moral character
    3. Birth certificates of you and your spouse's children
    4. Your marriage certificate
    5. Statement indicating market value of your home
    6. Form 1-864 affidavit of support filed by your spouse
    7. Affidavit indicating your spouse's anxiety disorder

    The evidence submitted does not substantiate the claim of extreme hardship either financially or
    medically as indicated in your affidavits. No financial records wee, submitted to support the claim of
    financial hardship. No financial records were submitted substantiating a loss of income. No evidence
    was submitted to support the claim of your spouse having to Support two households. No evidence
    was submitted indicating your financial contribution to the household prior to departing the United
    States. No evidence was submitted to support the claim of financial losses to your spouse's business.
    Your spouse filed form 1-864 affidavit of support which, in and of itself, would seem to indicate no
    financial hardship due to your absence from the United States. Also, no evidence was submitted
    indicating your spouse's anxiety disorder is greater than that which would be suffered due to a
    normal visa refusal. Even though relocating back to Canada may require the closing of your spouse's
    bed and breakfast, the evidence submitted does not substantiate any extreme hardship if you and your
    family had to relocate back to Canada.

    Factors USCIS considers when determining extreme hardship include, but are not limited to:

    • Health - Ongoing or specialized treatment required for a physical or mental condition;
    availability and quality of such treatment in the country to which removed; anticipated duration
    of the treatment; chronic vs. acute vs. long or short-term.
    • Financial Considerations - Future employability; loss due to sale of home or business or
    termination of a professional practice; decline in standard of living; ability to recoup short-term
    losses; cost of extraordinary needs such as special education or training for children; cost of
    care for family members (elderly and sick parents).
    • Education - Loss of opportunity for higher education; lower quality or limited scope of
    education options; disruption of current program; requirement to be educated in a foreign
    language or culture with ensuing loss of time or grade; availability of special requirements, such
    as training programs or internships in specific fields.
    • Personal Considerations - Close relatives in the United States and country of removal;
    separation from spouse/children; ages of involved parties; length of residence and community
    ties in the United States.
    • Special Factors - Cultural, language, religious, and ethnic obstacles; valid fears of persecution,
    physical harm, or injury; social ostracism or stigma; access t I social institutions or structures
    (official or unofficial) for support, guidance, or protection.

    Please submit the following additional evidence:

    I. Financial records/documentation indicating loss of income due to your departure from the
    United States
    2. Records/documentation indicating your financial contributions to the household prior to your
    Departure.
    3. Financial records/documentation indicating the financial support your spouse has provided to
    you since your departure.
    4. Financial records/documentation of additional expenses to the household and business due
    to your departure.
    5. Evidence that the bed and breakfast business has deteriorated due to your departure
    6. Documentation, affidavits or other evidence that your spouse’s anxiety is greater than the
    common results of family separation due to a visa refusal.
    7. Any other evidence to support your claims of extreme hardship.
    Please submit a statement explaining in detail the hardships your qualifying relative would
    experience if you are denied admission to the United States. The statement should explain how
    the hardship is greater than the common results of family separation due to a visa refusal.

    Please submit evidence to support the statements made. Such evidence may include, but is not
    limited to:

    • Affidavits from the qualifying relative or other individuals with personal knowledge of the
    claimed hardships
    • Expert opinions
    • Evidence of employment or business ties, such as payroll records or tax statements
    • Evidence of monthly expenditures such as mortgage, rental agreement, bills and invoices, etc.
    • Other financial records supporting any claimed financial hardships
    • Medical documentation and/or evaluations by medical professionals supporting any claimed
    medical hardships
    • Records of membership in community organizations, volunteer confirmation, and evidence of
    cultural affiliations
    • Birth/marriage/adoption certificates supporting any claimed family ties
    • Country condition reports
    • Any other evidence you believe supports the claimed hardships

    Please note that USClS will only consider hardships that affect the qualifying relative(s) upon which
    you are basing your eligibility. If you describe hardship to yourself or another individual, you must
    also explain how those factors affect the qualifying relative(s).
    Your application does not include sufficient evidence that a favorable exercise of discretion is
    warranted in your case.

    Please submit a statement explaining the favorable factors of your case and why you believe the
    favorable factors outweigh unfavorable factors in your case (including the initial inadmissibility
    finding).

    Please submit any evidence to support your statement.

    Favorable factors may include, but are not limited to:

    • Family ties in the United States and the closeness of the underlying relationships
    • Unusual hardship to yourself or to U.S. ciitizen or lawful permanent resident relatives and
    employers
    • Evidence of reformation and rehabilitation
    • Length of lawful residence in the United States and status held during that residence
    (particularly where the applicant began his or her residency at a young age)
    • Evidence of respect for law and order, good moral character, land intent to hold family
    responsibilities (such as affidavits from family, friends, and responsible community
    representatives)
    • Considerable passage of time since the activities occurred, which were the basis of the
    inadmissibility finding
    • The absence of significant undesirable or negative factors

    PLACE THIS LETTER ON TOP OF YOUR RESPONSE. SUBMISSION OF EVIDENCE
    WITHOUT THIS LETTER WILL DELAY PROCESSING OF YOUR CASE AND MAY
    RESULT IN A DENIAL. PLEASE USE THE ENCLOSED EN ELOPE TO MAIL
    ADDITIONAL EVIDENCE REQUEST BACK TO THIS OFF ICE.

    Sincerely,
    Mark Hazuda
    Director
    Officer: EX -0182
    Steven HELLER is my lawyer.
    Feb 19, 2011 Got removed when trying enter the US from Canada.
    May 23, 2011 I-130 receipt arrived.
    August 24, 2011 I-130 EXPEDITED and approved.
    September 21, 2011 file forwarded to NVC fees paid.
    Dec 21, 2011 Consular interview expedited, visa denied.
    Dec 21, 2011 Handed in 601 and 212 waiver packet and paid the fees at MTL Consulate.
    Jan 13, 2012 File forwarded from Montreal Consulate to VSC.
    Feb 21, 2012 Notice received from VSC.
    May 15, 2012 Online message saying that file had been transfered.
    May 22, 2012, Online message now says: "now being processed at a USCIS office."
    May 30, 2012, Receive letter from Nebraska Service Center.
    May 23, 2012, Case has been assigned to an officer.
    June 6, 2012, Online message says sending me a letter for RFE
    June 13, 2012, Lawyer in England receives the RFE letter, it was dated June 9th.
    August 31, Sent in documents for my RFE, additional supporting docs (4 lbs of them!) along with new HSL's for wife and myself.
    September 13, 2012, I called into USCIS, spoke with a Tier 2 Officer who informed me that my case had been approved on September 10, 2012!!!
    ????? Still waiting for letter...

  2. #2
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    What did you submit?

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    What kind of evidence did you send in with the waiver?
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    Definitely ditto to the above, and also this:
    The record indicates that in addition to the inadmissibility grounds for which you have filed Form
    1-601, you are also inadmissible under section 212(a)(9)(A) of the Immigration and Nationality Act
    (INA) due to a previous removal or deportation.
    Did you specify 9A as one of your grounds of inadmissibility on the waiver application? If not, they're giving you the chance to amend this, because if you don't specify it, then an approved waiver would not waive that grounds of inadmissibility.
    Please post your immigration questions on the forum, not in a private message. Always consult an experienced lawyer before filing.
    *If you believe you or someone on your behalf checked the "US Citizen" box on an employment document, please do not send a private message. Talk to a trusted lawyer about what could happen. *
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    If you have a 6C, 9B, and 9A ban, you will need both the I-601 and I-212 waivers.

    If you already submitted all the evidence you can, there is nothing more to send. But it sounds like there is a substantial amount of evidence missed plus it sounds like the I-212 may be missing. What was your attorney's response to this RFE?

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    Hello Whistler,

    don t worry just do whatever they ask you to send them.

    it will be nice if you could post at least your hardship letter if you still have it on your computer and maybe see what is going on.

    Did you send the I212 with your I601? because when you get remove from the country automaticaly you ll need an I212, I think so if anyone could correct me.

    good luck and if there is anything we could do let me know.

    Najo

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    Yes, we did submit a 212 along with the 601. I have a case number for the 212, should I refer to that in the cover letter for my response?

    I have communicated very little with my lawyer since he promptly forwarded me the RFE letter, we have setup a phone meeting this coming Wednesday. I am obviously not his only client and that was the earliest he could chat with me. I will provide all of you with the brief along with our hardship letters and a list of what we provided as evidence. I do have to block out the names and stuff of myself and spouse on the letters if I post them on here; right? (Or is that not necesary...) Reason I ask is because I do not have a scanned/printer here where I am and it would not be easy to print, scaratch out, scan and post as most files are in PDF...

    THANK YOU ALL, I am so lucky to have all of you vets/pros wanting to help me out!
    Steven HELLER is my lawyer.
    Feb 19, 2011 Got removed when trying enter the US from Canada.
    May 23, 2011 I-130 receipt arrived.
    August 24, 2011 I-130 EXPEDITED and approved.
    September 21, 2011 file forwarded to NVC fees paid.
    Dec 21, 2011 Consular interview expedited, visa denied.
    Dec 21, 2011 Handed in 601 and 212 waiver packet and paid the fees at MTL Consulate.
    Jan 13, 2012 File forwarded from Montreal Consulate to VSC.
    Feb 21, 2012 Notice received from VSC.
    May 15, 2012 Online message saying that file had been transfered.
    May 22, 2012, Online message now says: "now being processed at a USCIS office."
    May 30, 2012, Receive letter from Nebraska Service Center.
    May 23, 2012, Case has been assigned to an officer.
    June 6, 2012, Online message says sending me a letter for RFE
    June 13, 2012, Lawyer in England receives the RFE letter, it was dated June 9th.
    August 31, Sent in documents for my RFE, additional supporting docs (4 lbs of them!) along with new HSL's for wife and myself.
    September 13, 2012, I called into USCIS, spoke with a Tier 2 Officer who informed me that my case had been approved on September 10, 2012!!!
    ????? Still waiting for letter...

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    Your case is in Nebraska, right?

    In Mexico, when a case is referred, they get a referral letter that serves kind of like a RFE. It is like it is automatically generated, I think, and everyone gets confused/panics because they sent everything they could and think it is mandatory something else is sent.

    But, your RFE was pretty specific. Is it possible your evidence was lost? Is it possible the I-212 was not complete with the evidence they're asking about?

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    I sent in:

    Brief from lawyer
    Statements from wife (USC)
    Statement from myself
    Home appraisal (Worth $169K now)
    Home closing papers (Paid $330K in 2008)
    Letter from psychiatrist stating that wife is affected by Anxiety Disorder
    Numerous letters of support from different people in community. (Mayor, Catholic Charities Director, Chamber of Commerce President, etc)
    Birth certificates of wife, myself and our two children
    Marriage certificate

    - - - Updated - - -

    Quote Originally Posted by cupcake View Post
    Your case is in Nebraska, right?

    In Mexico, when a case is referred, they get a referral letter that serves kind of like a RFE. It is like it is automatically generated, I think, and everyone gets confused/panics because they sent everything they could and think it is mandatory something else is sent.

    But, your RFE was pretty specific. Is it possible your evidence was lost? Is it possible the I-212 was not complete with the evidence they're asking about?
    It seems as though (up until the new Lockbox), that cases from Mexico were handled differently than cases elsewhere in the world, namingly Canada. Yes, my RFE is pretty specific and I think that if I can come up with most things they are requesting that they will approve my case. My lawyer who used to work for USCIS as an adjudicator had already told me that as an adjudicator he would have asked for an RFE himself after my case was referred to the NSC. He did say that it would not make sense to send in additional docs at that late stage as a decision was emminent. He advised to wait until getting the RFE to respond, to keep my fingers crossed and who knows, maybe the adjudicator was in a good mood that day and decided to approve me! (That was not the case!)

    I also believe that whenever I gather all the extra evidence that I can, after it is sent in, it will only take a week or two to get a decision. I do want to get approved but I also want to get a decision to enable me to start making plans for my future...

    - - - Updated - - -

    My statement:

    To Whom It May Concern,

    My name is XXXXXXXXXXXXXXXX. I am making this statement in support of my application for a waiver of inadmissibility (I-601) and my request for permission to apply for entry to the United States after removal (I-212). I make this statement under penalty of perjury.

    1. I understand that I am inadmissible to the United States because I had misrepresented myself to US immigration authorities in the past when I entered as a Canadian nonimmigrant visitor when, in fact, my intention was to reside permanently in the US. I also understand that I am inadmissible because I had remained in the United States from February 20, 2009 to January 2011—more than a year beyond the six months I had been authorized when I entered the US on February 20, 2009 (making me subject to the 10-year bar). Finally, I am also aware that, because I was removed from the United States on February 19, 2011, I am subject to a five-year bar on re-entry and requiring that I seek permission to apply for re-entry.

    2. I deeply regret my US immigration law violations and hope to offer some context for my actions, understanding that the fact of the violations speaks for itself.

    3. I came to the US in September 2001 to attend the F1 race in Indianapolis. I did not know that on that occasion I would meet and fall in love with the woman who would become my wife.

    4. XXXXXXXXXXXXXX and I began a relationship that September that led to our marriage in Canada on January 14, 2002, just three months after we met. Our relationship has had its ups and downs, yet we remain very committed to each other and have two lovely children.

    5. WIFE had given birth to our daughter XXXXXXXXX on November 24, 2007 in Canada (actually, XXXXX was conceived with another man during our marital difficulties, but I have always considered her my own child and she has always considered me her daddy).

    6. With DAUGHTER, we decided that we wanted to be in the US, to raise her in the USA. In January 2008, I sold my travel business and in March 2008, we sold our home in Squamish. We set out to establish our new lives together in the USA. We thought this would enable us to start fresh as a family without any possibilities of running into DAUGHTER biological father, something he agreed with seeing as he is a married man with a wife and children of his own.

    7. In April 2008 we purchased a home in Cottonwood, AZ, which we wanted to set up as a B & B.

    8. I now realize that, in preparation of this move to the US, we should have initiated the spouse petition for me to be able to enter the US on an immigrant visa. Because of our financial situation and our ignorance, we thought we could put off the immigration matter until we had sufficient funds to hire an attorney to help us.

    9. Instead, I travelled twice between Canada and the US, making my last entry in February 2009 as a Canadian nonimmigrant visitor. I now realize that every time I entered the US without declaring my true intentions, I was misrepresenting myself. I deeply, DEEPLY regret this.

    10. Prior to relocating the US, and during a period of extreme stress in our marriage, I came to Phoenix in December 2006. On 18 December I had been at a bar and had too much to drink. I became drunk and disorderly. When the police came to remove me, I was uncooperative. Several officers surrounded me to subdue me and I panicked and wound up head-butting a police officer. I have never been involved in anything like that before or since. Although I understand that such a simple assault is not a crime involving moral turpitude and should not have an effect on my application for a visa, it is a blemish on my record and it is something that I sincerely regret. I served my 1-day custodial sentence and probation, had not had any such problems since.

    11. During my residence in the United States from April 2008 to January 2011, I helped WIFE establish the B & B (Desert Rose B & B). I focused my activities as a stay-at-home dad, but I realize that my assistance with the B & B could be considered “work.” Again, although I understand that employment in the US without authorization is not a basis of inadmissibility, I do realize that it may have negative implications. I never really considered my actions “employment,” because I wasn’t being paid, but I truly apologize for any errors of my judgment.

    12. On February 17, 2010, our son SON was born. With another mouth to feed, and money tight enough, I had an increased sense of responsibility to help. WIFE, of course, was taking care of SON in the first few months, and I couldn’t leave her alone with the kids, but in January 2011, I was offered a work contract in Canada by an ex employer. Initially, I did not want to take it because I sort of knew that there may be some risk of getting denied entry into the US after the said work contract. After lengthy discussions with WIFE where we discussed our ongoing precarious financial position, I reluctantly decided to go ahead and take the work. The only and main reason for accepting this work contract was to be a good father and husband and provide for my young family to the best of my abilities.

    13. If I were able to change the past, I would have made it a very top priority to get my change of status done after a few months of being in the US after WIFE and I decided that we would remain to live in Cottonwood.

    14. I am deeply sorry for this poor decision that I made to not change my status, I also particularly regret not having been truthful and forthcoming when I tried to re-enter at the border on February 20th 2011. I did not know the severity and implication of my actions on that day. I will not try to justify why I did what I did as I do know and am now fully aware that my actions were totally wrong.
    15. I greatly regret my actions and really wish I could turn back time and have a chance to do things right for my wife and young children’s sake as they are suffering due to my poor judgment and poor actions.

    16. At my core, I am a very nice, generous and giving person. Since our arrival in Cottonwood, I have tried to immerse myself and I have been an active participant in the community, playing an active role in our local Chambers of Commerce and on different event boards of said Chambers. We have also tried to help the most needy of our community by hosting a charity mega Yard Sale event for Catholic Charities, an event which has raised over $10000 during the two years that we held it.

    17. Unfortunately, I have made poor decisions. Because of these poor decisions, myself and my whole family are suffering because of that. This causes my panic attacks and tremendous pain.
    I hereby swear that all of the above is true and correct to the best of my knowledge and belief.
    Steven HELLER is my lawyer.
    Feb 19, 2011 Got removed when trying enter the US from Canada.
    May 23, 2011 I-130 receipt arrived.
    August 24, 2011 I-130 EXPEDITED and approved.
    September 21, 2011 file forwarded to NVC fees paid.
    Dec 21, 2011 Consular interview expedited, visa denied.
    Dec 21, 2011 Handed in 601 and 212 waiver packet and paid the fees at MTL Consulate.
    Jan 13, 2012 File forwarded from Montreal Consulate to VSC.
    Feb 21, 2012 Notice received from VSC.
    May 15, 2012 Online message saying that file had been transfered.
    May 22, 2012, Online message now says: "now being processed at a USCIS office."
    May 30, 2012, Receive letter from Nebraska Service Center.
    May 23, 2012, Case has been assigned to an officer.
    June 6, 2012, Online message says sending me a letter for RFE
    June 13, 2012, Lawyer in England receives the RFE letter, it was dated June 9th.
    August 31, Sent in documents for my RFE, additional supporting docs (4 lbs of them!) along with new HSL's for wife and myself.
    September 13, 2012, I called into USCIS, spoke with a Tier 2 Officer who informed me that my case had been approved on September 10, 2012!!!
    ????? Still waiting for letter...

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    I don't know what your main arguments are. If your main arguments were the anxiety disorder and financial hardship, those may need to be expanded. In the anxiety arguments, especially if it is your main hardship argument, a letter from her mental health physician will not be enough.

    I don't know how much detail your attorney went into about how her condition has worsened since you left, why she could not relocate Canada, why your ban needs to be waived so you can assist her in the US etc, but it sounds like what your attorney sent may not be enough.

    The arguments will have to prove that her condition has become more serious since you left or are so debilitating, that she needs you in the US because she cannot function without you, etc. If this was the main hardship, this has to be a major argument and argued/proven to sound extremely serious. Mental illness is not considered a level 1 or 2 hardship usually, but it depends on the severity of the illness, too.

    If your main arguments are financial, things have to sound pretty bad. Again, this argument would have to be discussed at length. Financial hardships are usually considered "normal" hardships, not "extreme."

    Different note, I think it is interesting your attorney used to be a waiver adjudicator.

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