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DAP Forums > DREAM Act > The Lounge

Question on Request for Evidence on Application I-821D

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#1
11-26-2012, 04:38 PM
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ForgiveSins
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I just have question regarding the I-821D application and am quite confused at this point.

A few weeks ago I received a request for evidence on my application for the Deferred Action for Childhood Arrivals and am confused as to the reason why I did. I am from an Asian immigrant family, and as such I have an Americanized name that I use for almost everything except official documents and in our family. As such, I indicated on the application that my name was my real official Asian name, and that my "Other Names Used" was my nickname that most people call me as, even though they know my real name.

The reasoning for requesting additional information was that the evidence I provided indicated my nickname was my real name, but the application was under my real name. As such, a Name Change/Discrepancy was the reason for the request. A couple of my documents I provided had my nickname on it, but that was only an unofficial elementary school diploma and certificates of award from a church that had BOTH real and nickname on it. All my transcripts, official documents, and passports had my real name, and didn't even mention my nickname.

Now my question is, what am I supposed to do? They asked for some evidence to explain what my real name was, but what do I send them? Do I send them my foreign birth certificate along with a translation? (Do I need a translator or can I write a statement that I am proficient in English and do it myself?) Do I collect signatures acknowledging people who know both my real name and nickname? I'm just really lost and scared.

If you have any words of advice, I'd deeply and greatly appreciate them, but I understand if you can't. Thank you so much for reading.
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#2
11-26-2012, 04:53 PM
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FlyinAgainstTheWind
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Did you not send your original birth certificate? If you didn't I would send it in. You can translated or a family member can translate it and send the proficiency affidavit in. I would also send an affidavit explaining the use of nicknames by asian communities.
__________________
Sent 10/19->WAC accepted 10/24
I-797 arrived 10/27
Biometrics letter arrived 10/29 Biometrics done 11/20
EAD: February 7, 2013 SSN:Already Have DL:Gonna take a month or two..haha.never bothered to learn..too scurred
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#3
11-26-2012, 04:54 PM
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FlyinAgainstTheWind
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What state do you live in. Maybe send APALC or the Korean Resource Center in Los Angeles an e-mail or call them up.
__________________
Sent 10/19->WAC accepted 10/24
I-797 arrived 10/27
Biometrics letter arrived 10/29 Biometrics done 11/20
EAD: February 7, 2013 SSN:Already Have DL:Gonna take a month or two..haha.never bothered to learn..too scurred
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#4
11-26-2012, 05:15 PM
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Happyman0607
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I'd go down to a lawyer and and have him or her help you out
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#5
11-26-2012, 05:16 PM
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ForgiveSins
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Thank you very much for the quick reply.

I did not send in my original birth certificate because it was in Korean and we couldn't find it before we turned in the application. However, my sister didn't either and she got hers approved with no problem, even though she put her nickname and real name on the application as well.

What is a proficiency affidavit? And I will definitely send something explaining the use of nicknames in asian communities.

I live in California, in the OC region. I will try to call both organizations. Thank you very much!
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#6
11-26-2012, 05:18 PM
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Quote:
Originally Posted by Happyman0607 View Post
I'd go down to a lawyer and and have him or her help you out

I suggested to my parents that we do, but they really don't want to spend the money for a single question... So they want me to translate multiple documents, gather signatures from my elementary, middle, and high school teachers, principles, church pastors, current college teachers, friends, etc..
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#7
11-26-2012, 05:18 PM
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turmalina
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This is an interesting case. If I gather correctly, your nickname was used only on unofficial evidence, so I guess what you could do is write a letter explaining which one is your name, which one is your nickname, and which one is your official name.

My question would be, when you talk about your "official" name on your transcripts, etc, are you talking about your romanized name or the name you chose yourself ("Americanized")?
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#8
11-26-2012, 05:25 PM
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Quote:
Originally Posted by turmalina View Post
This is an interesting case. If I gather correctly, your nickname was used only on unofficial evidence, so I guess what you could do is write a letter explaining which one is your name, which one is your nickname, and which one is your official name.

My question would be, when you talk about your "official" name on your transcripts, etc, are you talking about your romanized name or the name you chose yourself ("Americanized")?
Yes, you are correct in your deductions .

My "official" name is my legal name that my parents romanized on the documents authorizing our arrival in the states. It's my Korean name translated directly into English. While I use my nickname, "Daniel", for almost every occasion outside of family, I still put my romanized legal Korean name on all official documents in school, applications, bank account, etc.

I feel like the issue is with my unofficial elementary school diploma that is the only document with the name "Daniel" on it. My Korean School awards have both names on them, and the school transcripts all have my legal Korean name. However, in the comments of my elementary school transcripts, my teachers address me as "Daniel", because that is what they called me by.
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#9
11-26-2012, 05:32 PM
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turmalina
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Quote:
Originally Posted by ForgiveSins View Post
Yes, you are correct in your deductions .

My "official" name is my legal name that my parents romanized on the documents authorizing our arrival in the states. It's my Korean name translated directly into English. While I use my nickname, "Daniel", for almost every occasion outside of family, I still put my romanized legal Korean name on all official documents in school, applications, bank account, etc.

I feel like the issue is with my unofficial elementary school diploma that is the only document with the name "Daniel" on it. My Korean School awards have both names on them, and the school transcripts all have my legal Korean name. However, in the comments of my elementary school transcripts, my teachers address me as "Daniel", because that is what they called me by.
Okay so what I'd advise you to do is to first, write that letter explaining the whole "Daniel" thing and that your romanized name is your official name. I think the fact that you didn't send your birth certificate is what might have thrown them off, eventhough you say your sister had no problem.

What I'd do is send a copy of your birth certificate (or your passport if you haven't sent it) along with the letter, send both if you can. As far as the translation, it does not need to be notarized, you just have to have that proficiency statement within your translation and sign it (or whomever translated it, has to sign it).
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#10
11-26-2012, 05:37 PM
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ForgiveSins
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Quote:
Originally Posted by turmalina View Post
Okay so what I'd advise you to do is to first, write that letter explaining the whole "Daniel" thing and that your romanized name is your official name. I think the fact that you didn't send your birth certificate is what might have thrown them off, eventhough you say your sister had no problem.

What I'd do is send a copy of your birth certificate (or your passport if you haven't sent it) along with the letter, send both if you can. As far as the translation, it does not need to be notarized, you just have to have that proficiency statement within your translation and sign it (or whomever translated it, has to sign it).
Okay thank you very much. I have already sent in a copy of my passport, copy of official family register, official copy of school transcripts, and a bunch of awards with the original application.

I will write a letter explaining the nickname issue, copy of my birth certificate, and copy of my passport. For a proficiency statement within my translation, could you clarify what that exactly means? I have never done anything like and don't have an idea of what I'm supposed to do. Do I have to sign every document I translate and make a proficiency statement on each of them?

Lastly, should this be my mail back for the request for evidence on the application?
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