Things about VAWA Self-Petitions - Nevada Legal Services

Things about VAWA Self-Petitions - Nevada Legal Services

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Main Evidence that Does not Exist or Can not be Gotten Officers may experience situations in which main proof is available according to DOS's U.S. Visa: Reciprocity and Civil Files by Country website, but the applicant asserts it does not exist or can not be gotten. This usually provides increase to a presumption of ineligibility, which is the requestor's problem to conquer.


How to Respond to a USCIS Request for Evidence (RFE)

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In the lack of primary evidence as needed by guideline, the requestor should: Demonstrate that the required document does not exist or can not be acquired by supplying a composed declaration from the suitable releasing authority attesting to the reality that no primary record exists and the reason the record does not exist; and Send secondary evidence that conquers the unavailability of the main proof.


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A requestor who is unable to offer a composed declaration of unavailability from the relevant foreign authority might rather send proof of repeated great faith attempts to acquire the needed document or declaration. Main Evidence that is Usually Offered but is Undependable Officers may also encounter cases where primary proof is typically offered, but DOS reports that such documents are undependable.


If foreign documents submitted as primary proof are undependable according to DOS, USCIS might request secondary evidence in support of the benefit request. In cases where the secondary evidence is insufficient, or where interview requirements indicate, USCIS might refer the benefit requestor for an in-person interview. In addition, petitioners or applicants need to be encouraged to submit all proof at their disposal in response to any Ask for Proof (RFE).


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C. Copies vs. Originals When adjudicating an immigration benefit, officers need to confirm realities such as dates of marital relationship, birth, death, and divorce, along with criminal and work history. The "best evidence guideline" states that where the realities are at problem in a case, the officer ought to request the initial file.


1. When Originals Required and Photocopies Permitted When a requestor submits a paper type with USCIS, original files might be needed.  https://www.linkedin.com/in/giovannibenavides  of supporting documents that requestors should typically provide in the initial are: Medical evaluations; Affidavits; and Labor accreditations. Unless otherwise required, the requestor may submit a readable copy of any other supporting document at the time of filing.