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USCIS Request for Evidence. Evidence request is irrelevant since they already have it, but we still need a professional advice.

Cincinnati, OH |

As a legal permanent resident (LPR) I filed a petition for my wife under F2A category during the month of August - September 2013. We just received a Request for Evidence (RFE) asking for us to "Submit evidence to established that the petitioner on the Form I-130 is a United States citizen". And evidence can include birth certificate etc.
I don't know why USCIS is asking for that since in the application, petition specifically indicated that the he is a Green Card Holder adding copies of green card (front and back) to the application packet. We wanted to reply with copies of petitioners birth certificate and photocopied green card, but a professional advice will go a long way to make sure we aren't confused about what they asking for.Please advice me

Attorney Answers 4


  1. Make sure you originally filled out the I-130 correctly, then resend again the proof of your LPR status, with a cover letter explaining the confusion.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. You must respond to the RFE even if the USCIS issued it in error, since a failure to respond will result in automatic denial of the I-130.


  3. You surely do, but you cannot get one on AVVO. It would not be possible.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  4. you need to reply with all the evidence requested in one reply even though you believe the rfe not to be relevant

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