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I received my RFE from USCIS for my daca application.

Los Banos, CA |
Filed under: Immigration

The RFE is for request for evidence on my only arrest I ever had regarding a misunderstanding, which led to a misdemeanor for petty theft. I sent the court documents that have the info about the arrest. They are saying I did not write down the explanation regarding the circumstances and that I need to write one and send certified copies of the court, arrest, etc. Also in the bottom part of the letter it says a paragraph regarding casual or innocent absence during the required time, but I have never been absent and I sent evidence for every month of every year up to date. What should I do???? Please help.. Thank you.

Attorney Answers 5

Posted

You should hire a lawyer to help out.

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Posted

I think the only rational decision you could make is to retain an experienced immigration attorney to deal with the escalated scrutiny of the DACA application which resulted in a RFE.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

Don't worry. Many DACA applicants are getting RFEs. However, you need to make sure the RFE is completely and correctly submitted by the deadline given, otherwise you will risk a denial. Given the importance of RFE's, it is probably best you retain an attorney to help you formulate a response with the supporting documents they are requesting. It is probably a good idea to include an affidavit with details regarding your conviction and explaining the fact that you have not left the U.S. since June 2007.

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Posted

It's always better to hire an attorney but if you are going to do this yourself you need to get certified copies of your arrest and/or conviction records. You also need to write the explanation of what happened. Give details, and don't rush when you are preparing your response to the RFE. Write a draft first, read it and revise it before you send anything. Keep in mind that the officers that get these responses get a big pile every day, they are not going to do the work for you. Make it easy on the person reviewing your papers to approve them.

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Posted

The first thing to keep in mind is that the RFEs are often written in a rushed way, overlook that you have already submitted things, and are very cut-and-paste and ask for things that do not make sense.

It would be best to hire a lawyer. You can consider contacting a nonprofit that works on DACA applications. If you cannot get help, you can respond by filing (1) a letter stating what you are sending to them (put the RFE itself on top of your letter), stating that you already submitted a certified copy of the court records and are resubmitting a copy of that now, and stating that you are not providing any evidence relating to the departures because there were none , (2) a statement from you under penalty of perjury about what happened during the arrest, (3) letters from witnesses that can talk about your character (i.e. you are a trustworthy person).

One point of caution: if they are talking about brief departures because they are saying your evidence of physical presence is not persuasive or something, then what I have said above would not be the best response. In that case, you need to look into how reliable your evidence was and perhaps find something better.

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