I Need Some Help With My Rfe

[jd_208 19]

uscis is asking me for

a written statement from the apropriate autority attesting to the fact that no record exist or can be located, or that record sought was part of some segment of records which were lost or destroyed or such as an offidavit that repeated good faith attempts were made to obtain the required document or record.

can someone please explain it to me ???

and what can i do??

[Santi 353]

uscis is asking me for

a written statement from the apropriate autority attesting to the fact that no record exist or can be located, or that record sought was part of some segment of records which were lost or destroyed or such as an offidavit that repeated good faith attempts were made to obtain the required document or record.

can someone please explain it to me ???

and what can i do??

Hey JD -

If I understand correctly, USCIS wants you to prove that you have no previous record, and if you did, that it was lost or disappeared for whatever reason. Also, they want to see that the request was made through your local government (a court), and that it was notarized, signed and sealed.

(If I am mistaken, please feel free to add info as you see fit).

If I were in your position, I would get a background check from the county courts were you have lived (if more than one place). The cost is somewhere around $20 per background check- could be less, depending on the amount of information that is provided.

Do not rush it...take your time. That way, you can avoid making silly mistakes that can prolong the process of acquiring the information before you send it to USCIS for further review. You should have a window of about 2-3 months to submit your RFE, so be patient.

Before you send your stuff, I would strongly advise you to get a second opinion from a qualified individual (read - attorney). Yes, the small consultation can put a dent in your finances, but look at it as an investment in your future. It is better to spend some money now and feel confident that you will get the approval, than putting together an incomplete package and being denied DACA (which is somewhat unlikely, if you put yourself in the presence of God).

Hope this helps, and in no way am I qualified to give you legal advice - I just had a similar experience, and I had the luck of finding my information, so I could put together the package myself and ensure my approval.

I wish you success and keep us posted!

[roadrunner11 167]

I don't think I understand your question. Are they requesting something in regards of a specific requirement or document?

[Osha 126]

@ Jd_208

Its hard for us to explain fully what that say. You need to provide us with the full letter or at least retype a chunk of the letter for us so that we can determine what they're asking for. When you send in your application, did you write some type of a letter telling them that you were unable to provide some required documents? By reading that statement that you've provided, seems to me that they are responding to something in your application.

[jd_208 19]

thats not my questions thats what it says on the letter,

thank you thank you very much santi thats what i tought, and what you said sounds very reasonable i just wanted to make sure i was right because i really dont wanna mess this up.

[jd_208 19]

yes i provided a afidavit from the church that im member of, to determine the date i came to the us because i didnt have much proof. but now ive found some western unions receives with my name but im trying to collect as much info as i can so i dont get another RFE

[jd_208 19]

IN support of your DACA request you submitted affidavits but you did not indicate that

primary and secondary evidence cannot be obtained and what effort you undertook to obtain that evidence

therefore you are requested to provide the following

a written statement from the apropriate autority attesting to the fact that no record exist or can be located, or that record sought was part of some segment of records which were lost or destroyed or such as an offidavit that repeated good faith attempts were made to obtain the required document or record.

[Santi 353]

JD -

please provide us with more detail regarding your situation.

Basically, how did you get here (date), have you moved around, etc...Also, let us know what you sent to USCIS so we can do a better assessment of your situation.

That way, if someone had a similar experience to you, can actually share what they did and help you determine your next step.

I, personally, would like to see more details in this post regarding your situation. Feel free to omit any stuff that you don't want to share, but please include detailed information regarding your application process, etc.

[jd_208 19]

i well i got here in may 2007 when i was just 15 years with just the clothes i was wearing, i was dropped in a gas station my dad picked me up from there and i went home. due to the fact that neither my dad or my brother wernt around to take me to school ive spend 3 months sitting at home not doing anything because i didnt have any idea of where i was and due to the experience of crossing the border, i was a little afraid and one of my neighbors was a police officer. durring that time the economy went down the drain, my dad was making barely enough to pay the house and he couldnt miss days of work, and i didnt have no one to take care of me, so my dad asked one of my neighbors if he could take my mother and i to enroll me in school, he agreed to do it and he helped with all the paperwork i got my inmunizations in november and on november 23 was my first day of school.

so pretty much i didnt have that much proof of presence, except for the fact that i use get picked up by a member of the crurch every weekend but hes illegal as well.

[Osha 126]

@ Jd_208

I think I understand what they are talking about. Your application is missing some form of "Primary Evidence" like a copy of a birth certificate or a copy of a diploma...etc

Please tell us what primary evidence is missing from your application?

[Osha 126]

(f) Primary and Secondary Evidence .

Closely related to the best evidence rule is the concept of primary and secondary evidence. Primary evidence is evidence which on its face proves a fact. For example, the divorce certificate is primary evidence of a divorce. Secondary evidence is evidence which makes it more likely that the fact sought to be proven by the primary evidence is true, but cannot do soon its own face, without any external reference. In the above example, church records showing that an individual was divorced at a certain time would be secondary evidence of the divorce. You will often encounter situations in which primary evidence is unavailable. This gives rise to a presumption of ineligibility, which is the applicant or petitioner’s burden to overcome. Title 8 CFR 103.2((2) sets out the procedures relating to unavailability of documents. A petitioner or applicant cannot simply assert that the primary evidence does not exist. The absence of a primary record, instead, must be proven either:

· By a written statement from the appropriate issuing authority attesting to the fact that no record exists or can be located, or that the record sought was part of some segment of records which were lost or destroyed; or

· By evidence (such as an affidavit) "that repeated good faith attempts were made to obtain the required document or record."

[Santi 353]

i well i got here in may 2007 when i was just 15 years with just the clothes i was wearing, i was dropped in a gas station my dad picked me up from there and i went home. due to the fact that neither my dad or my brother wernt around to take me to school ive spend 3 months sitting at home not doing anything because i didnt have any idea of where i was and due to the experience of crossing the border, i was a little afraid and one of my neighbors was a police officer. durring that time the economy went down the drain, my dad was making barely enough to pay the house and he couldnt miss days of work, and i didnt have no one to take care of me, so my dad asked one of my neighbors if he could take my mother and i to enroll me in school, he agreed to do it and he helped with all the paperwork i got my inmunizations in november and on november 23 was my first day of school.

so pretty much i didnt have that much proof of presence, except for the fact that i use get picked up by a member of the crurch every weekend but hes illegal as well.

So basically you have a period of around 6 months where there is no proof of your presence...correct? I assume that you started school on Nov 23, 2012...right?

[Osha 126]

@Jd_208

All you need to do is to provide them with some more evidence for whatever they're asking for, OR just provide them with an affidavit. They are giving you a great opportunity here. If no primary evidence is available then provide them with a simple affidavit.

[jd_208 19]

So basically you have a period of around 6 months where there is no proof of your presence...correct? I assume that you started school on Nov 23, 2012...right?

theyre asking me from june 2007 to january of 2008 which its a gap of 8 months but my inmunization records says that my shots were given in november but they said that its not clear which were given here and which were given in mexico. the mexican inmunization card has appointments from 1991 1992 1993

and all the others are from 2007 now isnt that obvious that ive got my inmunizations given here ???

its a gap of 5 months from june to november

they say that my school records are incomplete, because some of my classes say no grade given. yesss because i failed those and i went to summer school.

i have some western union receives but i want to make sure i send the things theyre asking for!!!

[jd_208 19]

@Jd_208

All you need to do is to provide them with some more evidence for whatever they're asking for, OR just provide them with an affidavit. They are giving you a great opportunity here. If no primary evidence is available then provide them with a simple affidavit.

afidavit from who, could it be from one of my neighbors ? because it says from an autority

[Osha 126]

@ Jd_208

Affidavits from someone who knows you very well, like a parent, sibling or even a friend. Come up with whatever evidence you could find for those missing months and after that just sweetened the deal with a well written/sworn affidavit. You really have nothing to worry about, and if you can't find any evidence for those missing months then just send in two or more affidavits.

[jd_208 19]

okay im gonna my friends mom to write me one and im gonna write another thank you man thats a good idea

[Osha 126]

okay im gonna my friends mom to write me one and im gonna write another thank you man thats a good idea

You're Welcome.

[jd_208 19]

for continuous of residence, do you guys think it would be enough to send some money order receives ? even know i was 15 years old ?

[JoseG 383]

Do they have your name on them?

[jd_208 19]

Yes

[JoseG 383]

Then they should work.

Anything that has your name on it can be useful

[jd_208 19]

I just sent all the paperwork so hopefully, that will put an end to the waiting.

[Theresa 63]

I know people who have used western union receipts too. What are the dates on those reciepts you have?

[jd_208 19]

June and november