Li S
Oct 6, 2023
RFE
Hi Guys,
Please if someone could shad some light on it or had a similar experience. Today I received my RFE notice, that I was expecting to be for the medical exams, which was but not only this. They are also requesting the translated birth certificates and proof of legal presence. We sent the birth certificates and proof of legal presence with the 485 package. Why might they be asking them again? They say in the letter that if there is no I94 available, they can accept the passport stamps with a written explanation about why we don’t have I94. My husband and I have I94 but not my kids due to an error from the DHS, but obviously they have the stamped passports. Is there any formal letter template to answer this? I mean, I imagine it should be something very formal and in law style. Had anyone have a similar experience? Could you please share your experience? Thank you
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Li SOct 7, 2023
Sorry, the CBP made the mistake, not DHS
YV OOct 7, 2023
Do not panic. The fact that you receive RFE on documents that you can provide is a plus.
I did a concurrent filing and submitted my medicals but after a year I was asked for another medical after case was transferred.
I'll suggest you answer the question as they asked. Include all documents asked for and every other document to support the DHS error as it regards your children.
Best of Luck
Sa OOct 7, 2023
@Li S Sorry to hear about this! I think that @YV O has honestly answered all your questions. I have a question for you! Did you tick yes on public charge? Thanks. I am in the process of submitting my application.
Li SOct 7, 2023
@Sa O hi. I honestly don’t know anything about that part bc my attorney did it. I remember that the paralegal filled out everything but let this part to the attorney fill out. But the RFE was related to physicals (that I haven’t sent yet), and birth certificates and legal presence (those last 2 we sent with the 485 package). I was wondering if they lost our documents or if it’s something related to my kids I94. CBP didn’t emit an I94 to them, and we sent the passport stamps. What made me panic is bc I don’t have time to fill out an I-102 for correction since it can take anytime between 2 and 15 months and I have 3 months to respond the RFE.
F DorjOct 8, 2023
They have been asking the legal presence in some i-485 RFEs. You can submit CBP a new I-94 for your kids on their website or go to an airport office. send everything using a cover letter explaining every document you are sending
Li SOct 8, 2023
@F Dorj my kids don’t have an I-94. I don’t know why it was not issued at our entrance on their I-94. They got passport stamps, obviously, but the electronic I-94 was not issued for them. I don’t have enough time to fill out an I-102 for them to fix this issue because the USCIS website states that the i102 processing time is somewhere between 2 and 15 months (which is impressive!), and I have a short time to answer the RFE. I think even if I would ask for an extension to answer the RFE, it would not be enough time to have their error fixed.
F DorjOct 9, 2023
I would go to a local office to solve this issue.
