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DAP Forums > DREAM Act > The Lounge

Official I-601A Thread - Page 16

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#151
05-21-2018, 09:41 AM
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Quote:
Originally Posted by nydreamer View Post
HELP!

Hey guys, so I am still in the early stages of my process. My I-130 was received on 10/30/2017 and about 2 weeks ago my wife and I received a letter requesting more documents. She was born in Puerto Rico and they werent satisfied with the birth certificate copy we submitted. Below is what they said:

"You submitted a copy of the Abstract Certification of Birth of WIFE'S NAME. However, an Abstract Certification of Birth is insufficient evidence to establish proof that the claimed relationship exists and it's also insufficient to establish U.S. citizenship for immigration purposes. The required documentation is a registered civil authority issued birth certificate that contains the name of the child, date and place of birth, full name of parent(s), doctor/attendant's name, hospital name, registrar's signature and the date the certificate was filed with the registrar's office.

If the birth certificate is not available, submit the oldest evidence to establish that WIFE'S MOM and WIFE'S DAD are the parents of WIFE'S NAME. Submit as much evidence as possible. Evidence may include, but is not limited to"

---

I am just confused as to why she would need to proof a relationship to her mom and dad. She was born here. Can someone help? Anyone has seen this before?
IIRC there were some fraud issues with PR Birth Certificates issued prior to 2011 or so. She'd need to get a more recent one. If the birth certificate is recent then write them a stern letter addressing INA 302 which basically states that anyone born in PR is a US Citizen:
https://www.uscis.gov/ilink/docView/...-0-0-9711.html

Does she have a US Passport? If so submit a copy of all pages of it. (Cover, ID pages, all the blank visa pages, and the last few stating restrictions and translations). My wife is a natural born USC and since she doesn't have her birth certificate we just submitted her passport.
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#152
05-21-2018, 09:48 AM
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Quote:
Originally Posted by nydreamer View Post
HELP!

Hey guys, so I am still in the early stages of my process. My I-130 was received on 10/30/2017 and about 2 weeks ago my wife and I received a letter requesting more documents. She was born in Puerto Rico and they werent satisfied with the birth certificate copy we submitted. Below is what they said:

"You submitted a copy of the Abstract Certification of Birth of WIFE'S NAME. However, an Abstract Certification of Birth is insufficient evidence to establish proof that the claimed relationship exists and it's also insufficient to establish U.S. citizenship for immigration purposes. The required documentation is a registered civil authority issued birth certificate that contains the name of the child, date and place of birth, full name of parent(s), doctor/attendant's name, hospital name, registrar's signature and the date the certificate was filed with the registrar's office.

If the birth certificate is not available, submit the oldest evidence to establish that WIFE'S MOM and WIFE'S DAD are the parents of WIFE'S NAME. Submit as much evidence as possible. Evidence may include, but is not limited to"

---

I am just confused as to why she would need to proof a relationship to her mom and dad. She was born here. Can someone help? Anyone has seen this before?
They didn't like your wife's birth certificate. They are looking for a copy of your wife's birth certificate. A copy taken from the original birth certificate, which contains her parent's name and place of birth. I think you can also get a copy of that from the hospital where she was born. Her parents might have a better idea. You can also try submitting a copy of her US passport.
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#153
05-21-2018, 09:53 AM
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Quote:
Originally Posted by Marshall View Post
How long was your interview?
While I was in the consulate for several hours my actual interview was only about 5 minutes(felt like 5 days)

What questions did they ask you?
How long I had been in the US, how long I had been married, copy of the waiver approval, family pictures.

Were you ever caught by border patrol before?
No..... i was an overstay and never had any contact with border patrol.
That last question concerns me. I was detained and fingerprinted once by CBP.

My lawyer says I should be okay since I was a minor when it happened. Also, so far, I have not found anything in the INA that says I will be found inadmissible because of it.

Still, makes me uneasy.
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#154
05-21-2018, 05:48 PM
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Quote:
Originally Posted by trac3rt View Post
That last question concerns me. I was detained and fingerprinted once by CBP.

My lawyer says I should be okay since I was a minor when it happened. Also, so far, I have not found anything in the INA that says I will be found inadmissible because of it.

Still, makes me uneasy.
You should read this article. The traps of an approved 601a waiver. You really need to find out how you were disposed at the border. I would fire that attorney of yours.

https://www.immigration-america.com/...waiver-process
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#155
05-22-2018, 09:32 AM
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Quote:
Originally Posted by Alby View Post
You should read this article. The traps of an approved 601a waiver. You really need to find out how you were disposed at the border. I would fire that attorney of yours.

https://www.immigration-america.com/...waiver-process
It all seems to point out that I went through Voluntary Removal.

If I understood INA § 235(b)(1) correctly, expedited removal occurs when a person attempts to illegally enter the US at a port-of-entry.

According to the article, my lawyer is correct. I should be okay. No need to fire him.
Last edited by trac3rt; 05-22-2018 at 10:10 AM..
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#156
05-22-2018, 10:59 AM
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Quote:
Originally Posted by Demise View Post
IIRC there were some fraud issues with PR Birth Certificates issued prior to 2011 or so. She'd need to get a more recent one. If the birth certificate is recent then write them a stern letter addressing INA 302 which basically states that anyone born in PR is a US Citizen:
https://www.uscis.gov/ilink/docView/...-0-0-9711.html

Does she have a US Passport? If so submit a copy of all pages of it. (Cover, ID pages, all the blank visa pages, and the last few stating restrictions and translations). My wife is a natural born USC and since she doesn't have her birth certificate we just submitted her passport.
Quote:
Originally Posted by trac3rt View Post
They didn't like your wife's birth certificate. They are looking for a copy of your wife's birth certificate. A copy taken from the original birth certificate, which contains her parent's name and place of birth. I think you can also get a copy of that from the hospital where she was born. Her parents might have a better idea. You can also try submitting a copy of her US passport.
I'm gonna go ahead and submit copies of all pages of her passport. Is there a way to request a full birth certificate and not an abstract version, somewhere online? We live in the states and going to PR is not possible within the next two months (we have until July to respond).
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#157
05-22-2018, 12:08 PM
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Quote:
Originally Posted by nydreamer View Post
I'm gonna go ahead and submit copies of all pages of her passport. Is there a way to request a full birth certificate and not an abstract version, somewhere online? We live in the states and going to PR is not possible within the next two months (we have until July to respond).
I believe you can do one or the other. Both would be great but a copy of her unexpired passport should suffice.

See Instructions for Form I-130 (PDF) under the General Requirements section:
https://www.uscis.gov/i-130
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#158
05-22-2018, 12:33 PM
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Quote:
Originally Posted by trac3rt View Post
I believe you can do one or the other. Both would be great but a copy of her unexpired passport should suffice.

See Instructions for Form I-130 (PDF) under the General Requirements section:
https://www.uscis.gov/i-130
The thing is that we did send a copy of her passport, but only the first page.
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#159
05-22-2018, 12:45 PM
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How many of you currently going through the process are EWI?
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#160
05-22-2018, 01:24 PM
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We filed the i-130 mid December of last year and I’m still waiting for approval, I’m EWI and my wife who petitioned for me is a US citizen.
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