RFE after N-400 interview

[Sherry Nguyen 5]

My husband is an active-duty member of the Army and got his N-400 interview recently at Fort Hood. Last year, he was arrested for DWI, but then then the county attorney respectfully declined to prosecute his case due to insufficient evidence. They signed a rejection letter. The IO took his breathalyzer result (which is .00/210ml)

 

1) When he filed his N-400, he did not disclose his arrest record, thinking that if the court attorney dropped the case, there should not be any “arrest.” However, we then discussed with our lawyer and figured out that he needed to do this in the interview, so he disclosed the information to the IO and gave her all reports and police complaints relevant to his case.

 

2) In this case, can he use the rejection to prosecute letter as an evidence to support the RFE (N-14) sent by USCIS ? Does this show that he has demonstrated good moral character, given that he disclosed this information during the N-400 interview and also is serving in the Army ?

[Mike E 11,740]

What does the RFE ask for?

[Rocio0010 5,579]

1 hour ago, Sherry Nguyen said:

My husband is an active-duty member of the Army and got his N-400 interview recently at Fort Hood. Last year, he was arrested for DWI, but then then the county attorney respectfully declined to prosecute his case due to insufficient evidence. They signed a rejection letter. The IO took his breathalyzer result (which is .00/210ml)

 

1) When he filed his N-400, he did not disclose his arrest record, thinking that if the court attorney dropped the case, there should not be any “arrest.” However, we then discussed with our lawyer and figured out that he needed to do this in the interview, so he disclosed the information to the IO and gave her all reports and police complaints relevant to his case.

 

2) In this case, can he use the rejection to prosecute letter as an evidence to support the RFE (N-14) sent by USCIS ? Does this show that he has demonstrated good moral character, given that he disclosed this information during the N-400 interview and also is serving in the Army ?

Please blur out any identifying info and post the letter. 
Just provide what the RFE asks for

[Sherry Nguyen 5]

@ra0010 @Mike E

 

Here is the rejection letter and RFE. Sorry for not posting earlier 

[Rocio0010 5,579]

I would submit what you have plus the letter from the arresting agency

[Mike E 11,740]

13 hours ago, ra0010 said:

I would submit what you have plus the letter from the arresting agency

Agreed. 
 

Note that the RFE wants originals. This is unusual but not unheard of.  So make copies for yourself and send the originals.  Hopefully you get the originals back.  

Edited December 19, 2021 by Mike E

[Fahad86 113]

16 hours ago, Sherry Nguyen said:

@ra0010 @Mike E

 

Here is the rejection letter and RFE. Sorry for not posting earlier 

Anything you submit needs to be certfied from the police department which was the arresting agency. I don't see any certification on rejection letter. This might result in denial if you dont get it certified from agency. original or copy doesnot matter if its not certified. Just go to the arresting agency ask them to to certify the copy. There might be a fee for this but its worth it.

[Mike E 11,740]

2 minutes ago, Fahad86 said:

Anything you submit needs to be certfied from the police department which was the arresting agency. I don't see any certification on rejection letter. This might result in denial if you dont get it certified from agency. original or copy doesnot matter if its not certified. Just go to the arresting agency ask them to to certify the copy. There might be a fee for this but its worth it.

The RFE says to submit an original. OP has an original. 

[Fahad86 113]

12 minutes ago, Mike E said:

The RFE says to submit an original. OP has an original. 

How do you differentiate original from the copy??? These are police/ court documents we are talking about. I myself had to go through this, So i know what i am talking about even if he has original let say why doesnt he get certfied from arresting agency to make it 100 percent legal document? The arresting agency never gives out a orginal they make a copy of the orginal and then you tell them to pkease certify the orginal. That makes it a legal document. Rest is upto the op whatever he/she wants to do. 

If you read the first point certified statement from the arresting agency. 

Edited December 19, 2021 by Fahad86

[Fahad86 113]

14 minutes ago, Mike E said:

The RFE says to submit an original. OP has an original. 

In certified copy there is a seal from the court or the police department which makes it certified.

Edited December 19, 2021 by Fahad86

[Mike E 11,740]

33 minutes ago, Fahad86 said:

How do you differentiate original from the copy??? These are police/ court documents we are talking about. I myself had to go through this, So i know what i am talking about even if he has original let say why doesnt he get certfied from arresting agency to make it 100 percent legal document? The arresting agency never gives out a orginal they make a copy of the orginal and then you tell them to pkease certify the orginal. That makes it a legal document. Rest is upto the op whatever he/she wants to do. 

If you read the first point certified statement from the arresting agency. 

He has a signed letter from the county attorney.  
 

When I write someone a letter and sign it, that is an original document.  
 

30 minutes ago, Fahad86 said:

In certified copy there is a seal from the court or the police department which makes it certified.

You are making assumptions about the operations of the Belton County Attorney’s office that don’t seem to have any basis.  
 

Over and out.  

[Fahad86 113]

14 minutes ago, Mike E said:

He has a signed letter from the county attorney.  
 

When I write someone a letter and sign it, that is an original document.  
 

You are making assumptions about the operations of the Belton County Attorney’s office that don’t seem to have any basis.  
 

Over and out.  

As i said before do what pleases the op. I am not here to convince anyone. It still needs to be certified. Even disposition which is signed by the Judge needs to be certified by the court EVEN THOUGH it is signed by the judge. 

This uscis we are talking about they dont care about who signs it until its certified from the court or by the police department. 

Edited December 19, 2021 by Fahad86

[Mike E 11,740]

1 hour ago, Fahad86 said:

As i said before do what pleases the op. I am not here to convince anyone. It still needs to be certified. Even disposition which is signed by the Judge needs to be certified by the court EVEN THOUGH it is signed by the judge. 

This uscis we are talking about they dont care about who signs it until its certified from the court or by the police department. 

What judge? What court?

 

Seriously.  OO

[Fahad86 113]

46 minutes ago, Mike E said:

What judge? What court?

 

Seriously.  OO

You are definitely having hard time to understand, i was just talking general not in this case. When someone pleads guilty to something there is a disposition which is signed by the judge even that dispostion needs to be certified by the county clerks office. If you send that signed document to uscis, uscis does not take that into account since it does not have court seal on it. But at the same time it is signed by the judge. 

Edited December 19, 2021 by Fahad86

[Sherry Nguyen 5]

rfe cover letter_2022.pdf

 

Hi all,

First, I apologize for my late response. I have been so busy sorting and figuring out what kinds of documents to help resolve my husband issue. Second, my husband was scheduled for his oath ceremony, which will be in 27th Jan, at his installment facility. We don’t have to drive elsewhere, which is great!!!.

 

I posted here a cover letter in which I detailed all kinds of documents I submitted for RFE. I was worried, but then we just tried to stay calm and the. followed the RFE instruction and provided all evidence. Parts of the evidence included my husband and the prosecutorial agency’s email exchanges. In these emails, the agency representative made clear that there was not such a certified authenticated kind of document in their attorney office (like the one USCIS mentioned). The reason is that my husband’s case is an inter-agency matter; thus, the rejection letter suffices the “certified” requirement as this is the only official document. The rest of the documents submitted for RFE were listed in the cover letter. Hope it helps with reference.

Edited January 13, 2022 by Sherry Nguyen