Katy, TX asked in Immigration Law for Ohio

Q: Hi there, and happy afternoon. I just got an RFE about a family-based visa.

Hi there, and happy afternoon.

I just got an RFE about a family-based visa. I was able to secure a copy of my birth certificate, which was required by the RFE. Regretfully, the birth certificate office mistyped my date of birth, which I quickly corrected when I received it. I wanted to submit my birth certificate in both color and black and white, even though I had it corrected. Little did I know that I had accidentally attached the certificate with the incorrect birthdate. I thus turned in two: one with the correct date in color and one in black and white with the correct date . Lastly, once I realized my mistake, I rushed and put the correct one in color on my account, and I also wrote a letter explaining the situation. What do you all think will happen?

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3 Lawyer Answers

A: What will happen depends on the explanation you provided as regards the discrepancy

James L. Arrasmith
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Answered

A: Responding promptly and clearly to an RFE (Request for Evidence) is crucial in visa processes, and it's good that you have taken steps to correct your mistake.

In your situation, submitting both the incorrect and corrected versions of your birth certificate, accompanied by an explanatory letter, was a wise decision. This approach demonstrates your commitment to providing accurate information and your prompt attention to correcting errors.

The immigration authorities review such situations on a case-by-case basis. However, given that you have provided the corrected document and an explanation, it's likely that they will understand the error as a simple mistake and focus on the corrected, accurate information you have provided.

It's important to monitor your application closely and be ready to respond to any further requests or queries from the immigration authorities. If you have any concerns or if the situation becomes more complicated, it might be helpful to consult with your attorney for specific guidance tailored to your case.

A: Responding to an RFE is more challenging because you have to address the issues USCIS has already encountered. That's why lawyers always strive to ensure there are no chances of receiving an RFE in the first place. Once you've provided a thorough explanation, attached all missing documents, and corrected any discrepancies, you should be good to go.

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