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DAP Forums > DREAM Act > The Lounge

RFE on Brief, Casual, and Innocent Absence

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#1
10-18-2016, 02:29 PM
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msdreamer1111
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Hi y'all.

I'm a 1st time applicant from February and just now received RFE for my application.
They're asking more evidence of my brief, casual, and innocent absence of my travels.
I was a F-1 student from 2000 to 2010.
And during June, 2007 to January, 2010 I have traveled back to my home country for 5 times. Each trips were 2 mo. to 4 mo.
2 mo. ones were to visit my family during summer vacation and 4 mo. was to attend my grandmother and cousin's funeral.

Only evidence I have are airplane mileage indicating the airport codes and dates, and Departure/Entry stamps.

What more can I provide for this?

Has anyone got approved after showing evidence of why you were absent for 4 or more months?
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EXPIRE: 11/23/18
Renewal SENT: 1/25/18 (Pheonix) | NOA: 1/30/18 (routed to Harrisonburg Storage Center) | Bio.: 3/2/18 (done) | Approved: 6/25/18
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#2
10-18-2016, 05:09 PM
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4 months are briefs ?!?
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#3
10-19-2016, 11:05 AM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
4 months are briefs ?!?
Maybe they have really long funerals in his culture.
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#4
10-19-2016, 12:53 PM
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Quote:
Q58: Do brief departures from the United States interrupt the continuous residence requirement?
A58: A brief, casual and innocent absence from the United States will not interrupt your continuous residence. If you were absent from the United States, your absence will be considered brief, casual and innocent if it was on or after June 15, 2007, and before Aug. 15, 2012, and:
  1. The absence was short and reasonably calculated to accomplish the purpose for the absence;
  2. The absence was not because of an order of exclusion, deportation or removal;
  3. The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation or removal proceedings; and
  4. The purpose of the absence and/or your actions while outside the United States were not contrary to law
According to the USCIS website the above is what you have to prove. I would submit death certificates of your family members. The question is if they would consider 4 months reasonable amount of time to attend funerals of two family members.
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#5
10-19-2016, 02:17 PM
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its not even a single 4 month "brief" trip but according to OP

5 of these trips happen

the guy was out for literally an entire year out and that was brief too


well best of luck!!
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#6
10-19-2016, 11:35 PM
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msdreamer1111
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Thank you all for your thought on this case.
I was thinking about getting it prepared myself but will hire a lawyer now after seeing y'alls comments.
It seems more complicated than I thought...

I held a legal status back then so it wasn't voluntary departure.
I said 4 months but it's more over 100 days... I don't know if they will consider this as brief.
But we will see what my lawyer can help me out on this.

It's all in God's hands. If I get approved, it's his will. Even if I don't, it's also his will.

Good luck to you all and thank you again.
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EXPIRE: 11/23/18
Renewal SENT: 1/25/18 (Pheonix) | NOA: 1/30/18 (routed to Harrisonburg Storage Center) | Bio.: 3/2/18 (done) | Approved: 6/25/18
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#7
10-20-2016, 01:28 AM
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turmalina
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I'd also argue the fact that, assuming you were underage and it wasn't really up to you, that they can be considered "innocent", so maybe that could help.

Definitely ask a lawyer or seek counsel... your case is not simple.

Good luck!
Last edited by turmalina; 10-20-2016 at 01:30 AM..
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#8
10-20-2016, 03:45 AM
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Well actually would departure matter here if the OP was here legally ? I thought a departures only really matter if you were illegally as it would be considered self deport
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#9
10-20-2016, 11:06 AM
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Quote:
Originally Posted by turmalina View Post
I'd also argue the fact that, assuming you were underage and it wasn't really up to you, that they can be considered "innocent", so maybe that could help.

Definitely ask a lawyer or seek counsel... your case is not simple.

Good luck!
Yes, I went to meet a lawyer yesterday. He said it's hopeful and will definitely work with me. Thank you!
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Renewal SENT: 1/25/18 (Pheonix) | NOA: 1/30/18 (routed to Harrisonburg Storage Center) | Bio.: 3/2/18 (done) | Approved: 6/25/18
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#10
10-20-2016, 11:10 AM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
Well actually would departure matter here if the OP was here legally ? I thought a departures only really matter if you were illegally as it would be considered self deport
That's what I thought, but the deeper I look at the meaning of RFE letter, I think they want to know if it falls under "brief absence". Which I need to provide more evidence to them to prove that it was brief considering I was student and that was my Summer vacation. (I was in boarding school and had to be out of there during breaks)

I will update what my lawyer does, so it can help others who have similar situation...
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EXPIRE: 11/23/18
Renewal SENT: 1/25/18 (Pheonix) | NOA: 1/30/18 (routed to Harrisonburg Storage Center) | Bio.: 3/2/18 (done) | Approved: 6/25/18
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