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Martha

AFFIDAVITS

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Hello everybody, ok so i got a RFE saying i only submitted evidence that i was in the U.S. from 2010 and prior...and that i didnt have evidece from years 2011 and 2012. I had actually submitted 2 copies of 2 different envelopes for years 2011 and 2012 with the post office stamp in the front which shows the date "2011" and "2012" but i guess that doesnt count?

anyways...it also says that i didnt answer section 2 of the I-821D but i have a copy of my application and i DID answer those questions so i dont understand why they say i didnt answer them?

so i was wondering what can i do because i have no more proof to give them that i was here in 2011 and 2012...i have no bills under my name or checks or accounts or dr appointments..nothing at all because ive just been home. do you guys think affidavits would help me as evidence??

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apparently an affidavit is not sufficient on it's own ... hope this helps got it form the uscis website http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3a4dbc4b04499310VgnVCM100000082ca60aRCRD&vgnextchannel=3a4dbc4b04499310VgnVCM100000082ca60aRCRD#evidence

Q1: May I file affidavits as proof that I meet the guidelines for consideration of deferred action for childhood arrivals?

A1: Affidavits generally will not be sufficient on their own to demonstrate that you meet the guidelines for USCIS to consider you for deferred action for childhood arrivals.

However, affidavits may be used to support meeting the following guidelines only if the documentary evidence available to you is insufficient or lacking:

  • A gap in the documentation demonstrating that you meet the five year continuous residence requirement; and
  • A shortcoming in documentation with respect to the brief, casual and innocent departures during the five years of required continuous presence.

If you submit affidavits related to the above criteria, you must submit two or more affidavits, sworn to or affirmed by people other than yourself, who have direct personal knowledge of the events and circumstances. Should USCIS determine that the affidavits are insufficient to overcome the unavailability or the lack of documentary evidence with respect to either of these guidelines, it will issue a Request for Evidence, indicating that further evidence must be submitted to demonstrate that you meet these guidelines.

USCIS will not accept affidavits as proof of satisfying the following guidelines:

  • You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development certificate, or are an honorably discharged veteran from the Coast Guard or Armed Forces of the United States;
  • You were physically present in the United States on June 15, 2012;
  • You came to the United States before reaching your 16th birthday;
  • You were under the age of 31 on June 15, 2012; and
  • Your criminal history, if applicable.

If the only evidence you submit to demonstrate you meet any of the above guidelines is an affidavit, USCIS will issue a Request for Evidence, indicating that you have not demonstrated that you meet these guidelines and that you must do so in order to demonstrate that you meet that guideline.

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You should send in at least 2 affidavits per year that they are asking for. The affidavits can work as supporting documents to the proof you initially sent them.

Are you sure you have no other proof? Like online purchase receipts or Facebook check-ins, anything.

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no i dont have anything at all with my name on it :/

everything is under my husbands name and i dont go anywhere or buy anything important so i really have no proof :(

as of right now my father in law whom is a correction officer is going to write me one affidavits and im going to ask my pastor at church tomorrow if he can write me the other one. do you guys know if they have to be notarized affidavits?

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I also suggest you submit notarized affidavits from U.S. Citizens or Legal Permanent Residents attesting as to the fact that you were continuously here for that period of time. From cases at our office, some individuals had nothing to cover some gaps in their residency history, we submitted affidavits and a couple of them have already been granted their permit. Although, it is stated in the guidelines posted by USCIS that affidavits are not acceptable, from the cases that I just mentioned, I would say that they are being taken into consideration. However, you must also complement it with something else. Other suggestions for evidence besides the common ones would be your facebook timeline or any other participation in online blogs. As for the issue of not having completed section 2 of form I-821, I assume you left some gaps between the dates stated.

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facebook check ins/ pictures with the dates on the back!!

i have lots of gaps for 08/09 ;( i think their gona send me and rfe for sure, but a lawyer said that if i did get one to get some good affidavits for example, did i ever babysit for somebody lol wich i did, i used to clean my neighbors house every month, and yeaa faceook check ins. !! did you create any accounts like on forever21??

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