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My i-360 petition did not establish a prima facie ,they request for evidence - that i am a person of good moral character .

Atlanta, GA |

could the uscis make a decision on my i-360 still or i have to submit my good moral character first before they make a decision on my case ?

Attorney Answers 3

Posted

Generally, a Request for Evidence ("RFE") is an invitation to submit additional evidence by a specified deadline that will be considered by the USCIS in its adjudication. To determine the most appropriate steps to take, such as deciding exactly what additional documents to supply, it would be wise to consult with an immigration attorney who could review all of the relevant details and circumstances (including the documents already submitted, the exact language used in the RFE, available information/documents that could support your case). This appears to be another example where engaging an immigration attorney from the onset may have avoided delays and risks associated with the USCIS declining to approve the application at the initial stage.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway, Poorak & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

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Posted

A police clearance (certificate) is something you should have submitted right away as it is one of their requirements when filing I-360. Just because CIS requested it, it does not mean you will not later receive your prima facie case determination. I-360 are complicated matters, maybe help from an attorney would have been a better way to go.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Posted

Depending which category under 360 you are seeking relief under, one of the requirements of filing Form I-360 is to show that you are a person of good moral character. That should have accompanied your application. I suggest you answer the RFE right away, since by ignoring it you will likely get a denial. Also, I suggest you retain an experienced immigration attorney who can assist you in this matter. Good Luck.

The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.

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