I-130, Petition for Alien Relative
REQUEST FOR EVIDENCE
IMPORTANT: THIS NOTICE CONTAINS YOUR UNIQUE RECEIPT NUMBER. THIS PAGE MUST BE SUBMITTED WITH THE REQUESTED EVIDENCE.
You are receiving this notice because U.S. Citizenship and Immigration Services (USCIS) requires additional evidence to process your form. Please provide the evidence requested on the attached page(s). Include duplicate copies if you are requesting consular notification. Your response must be received in this office by April 26, 2020. Please note that you have been allotted the maximum period allowed for responding to a Request for Evidence (RFE). The time period for responding cannot be extended. See Title 8 Code of Federal Regulations (8 CFR), Section 103.2(b)(8)(iv). Because many immigration benefits are time sensitive, you are encouraged to respond to this request as early as possible, but no later than the deadline provided above. If you do not respond to this notice within the allotted time, your case may be denied. The regulations do not provide for an extension of time to submit the requested evidence. You must submit all requested evidence at the same time. If you submit only some of the requested evidence, USCIS will consider your response a request for a decision on the record. See 8 CFR 103.2(b)(11). If you submit a document in any language other than English, the document must be accompanied by a full and complete English translation. The translator must certify that the translation is accurate and he or she is competent to translate from that language to English. If you submit a foreign language translation in response to this request for evidence, you must also include a copy of the foreign language document.
U.S. Citizenship and Immigration Services (USCIS) has reviewed your petition/application and supporting evidence. You did not submit sufficient evidence to establish the claimed relationship. Therefore, additional evidence is needed. SUBMIT ENGLISH TRANSLATION If any document is not in English it must be submitted with a certified English translation. You submitted a foreign language document that appears to be a birth certificate for Tuy Phuong Thi Nguyen. Submit a complete and accurate English translation and a photocopy of the corresponding foreign language document. Translations submitted without the relating foreign language documents are not acceptable. Extract or summary translations of the original document are not acceptable. The translator must certify that the translation is complete and accurate, and that he or she is competent to translate from the foreign language to English. Additionally, PROOF OF LEGAL TERMINATION OF MARRIAGE Submit proof of the legal termination of the marriage(s) of Tuy Phuong Thi Nguyen and Tam Thanh Duong. Such proof would normally be a final (absolute) divorce decree, death certificate, annulment, etc. In order for the legal termination of a marriage to be considered valid for immigration purposes, it generally must be valid in the jurisdiction where it was terminated. In addition, the divorce must also be recognized in the jurisdiction where any subsequent marriage occurred. Matter of P, 4 l&N Dec. 610, (BIA 1952). Note: A Divorce Nisi is not considered to be evidence of a final divorce. Additionally, LATE REGISTERED BIRTH CERTIFICATE The birth certificate submitted on behalf of Tuy Phuong Thi Nguyen appears to show that the birth was registered on March 22, 2005, approximately forty five years after the actual event occurred. The documents submitted as evidence of relationship were executed so long after the events in question that they have insufficient reliability and weight, alone, upon which to grant a visa petition. Therefore, you must submit additional documentary evidence. Submit the oldest available evidence that establishes that Thi Xuan T Nguyen is the mother of Tuy Phuong Thi Nguyen. Submit as much evidence as possible. This evidence may include, but is not limited to: Religious documents: Examples may include birth or baptismal certificates, or other notable religious documents. Religious documents must: 1. show the names of the parent(s), 2. bear an authorizing signature, 3. display the official stamp or seal of a religious body such as a church, mosqque, temple, or synagogue, and 4. show the date and place of the commemorative occasion. Early school records: Records (preferably from the first school attended) showing 1. the date of admission, 2. the child's date and place of birth, and 3. name(s) of the child's parent(s). Medical records: Hospital birth record or hospital admittance records that name parent(s) and child. Census Records: State or federal census records showing the subject's name and place of birth, and date of birth or age of each person listed. If none of the above secondary evidence is available, you must first establish that such evidence is not available by submitting evidence of non-existence. After doing so, tertiary evidence, such as affidavits, may be submitted. Affidavits: Written statements sworn to or affirmed by two persons, other than yourself and the person for whom you are petitioning, who were living at the time the event(s) occurred and have personal knowledge of the event you are trying to prove. The persons making the affidavits may be relatives and need not be citizens of the United States. Each affidavit must contain the following information regarding the person making the affidavit: 1. his or her full name and address, 2. date and place of birth, 3. relationship to you, if any, 4. full information concerning the event, and 5. complete details concerning how he or she acquired knowledge of the event. USCIS will not accept a single statement signed by multiple individuals. Each person should submit their own affidavit to their personal knowledge of the event. INSTRUCTIONS FOR DNA PARENTAGE TESTING You may choose to have DNA (deoxyribonucleic acid) parentage testing done to help establish the relationship between yourself and the child for whom you are filing. In order to provide the most conclusive results, the recommended DNA test is the Polymerase Chain Reaction (PCR) test. (A simple blood group/type, RH factor comparison is generally not conclusive enough to support the claimed relationship.) Please note that: 1) DNA testing is VOLUNTARY; 2) the costs of DNA testing and related expenses (such as doctor's fees and the cost of transmitting testing materials and blood samples) are exclusively your responsibility; and 3) submitting to DNA testing does NOT guarantee approval of the application. If additional evidence is requested in the accompanying letter, it must be submitted. The petition must also be supported by acceptable evidence of the date of birth and nationality of your dependent. Petitions lacking such evidence may be denied in spite of DNA evidence of parentage. The names of the people who should be tested are as follows:
Claimed Genetic Parent: Thi Xuan T Nguyen Claimed Dependent Child: Tuy Phuong Thi Nguyen Test results will only be accepted from parentage-testing laboratories accredited by the American Association of Blood Banks (AABB). A current list of the AABB accredited parentage testing laboratories can be viewed at:
http://www.aabb.org You must access the AABB website set forth above to obtain current laboratory information. USCIS offices are no longer providing a paper list of the AABB facilities due to the transient nature of this information. The state designations on this list are for laboratory headquarters and many of these laboratories have collection sites in many different states and locations. Be sure to confirm that the laboratory you have chosen is able to test children where the beneficiary currently resides. • You must select a laboratory, contact the laboratory directly, and make the necessary arrangements for conducting the tests. The same testing laboratory must test both the claimed child and parent(s). All parties must present proof of identity at the time the samples are taken. • The results of the tests must be submitted directly to this office by the parentage-testing laboratory. •A copy of this request for evidence should be given to the testing laboratory to be placed on top of the results. Inclusion of this request for evidence will help ensure that the results are connected with the correct file in a timely manner. • ALL OTHER REQUESTED EVIDENCE MUST BE SUBMITTED whether you choose to have DNA testing done or not. You do not need to wait for DNA testing to be completed before submitting other evidence. Be sure to indicate in your response if you have chosen to have DNA testing done.
PLEASE RETURN THE REQUESTED INFORMATION AND ALL SUPPORTING DOCUMENTS WITH THIS ORIGINAL REQUEST ON TOP TO: U.S. CITIZENSHIP AND IMMIGRATION SERVICES 75 LOWER WELDEN ST ALBANS VT 05479
