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RFE for VisaScreen



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Jul 22, 2005 08:37 PM

RFE for VisaScreen

by wbd

Hi, all,

Wondering anyone has received Request for Evidence asking for VisaScreen certificate for I485. How many months are allowed to reponse? Is it possible to delay the response if VisaScreen certificate is still not available? Thank you.


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10 Comments
No. 1
from suzanne4
Old Jul 22, 2005, 10:59 PM

Most have been given less than two months. If you do not have it in that time, your application gets cancelled. And you have to start all over again.
Which can cause you big problems depending on the type of visa that you were on before you started the process.

This is the reason that I tell everyone that they should have Visa Sreen Certificate in hand or on its way to them when they begin the process. You do not have the time frame, especially if you are on the east coast and you are being processed out of Vermont.
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No. 2
Old Jul 23, 2005, 12:03 PM

in my case, i was given 84 days to submit with a closing statement that says, failure to do so may result in the denial of my AOS. move fast....



Originally Posted by suzanne4
Most have been given less than two months. If you do not have it in that time, your application gets cancelled. And you have to start all over again.
Which can cause you big problems depending on the type of visa that you were on before you started the process.

This is the reason that I tell everyone that they should have Visa Sreen Certificate in hand or on its way to them when they begin the process. You do not have the time frame, especially if you are on the east coast and you are being processed out of Vermont.
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No. 3
from NYrnTX
Old Jul 23, 2005, 01:39 PM
Updated Jul 23, 2005 at 01:43 PM by NYrnTX

Yes, carvanaragon is right. They give 12 weeks (12 * 7 = 84 days) to submit VS . This is the exact same thing happened in my case too (TSC)..

Depending on which service center you are with, you may have some options even if you are unable to provide VS on time.

TSC (Texas),historically granted extensions on Visascreen deadline. TSC permits its adjudicators to use their discretion to grant extensions of time in some cases. Chances are that it would be the case with other service centers also. The red colored words above tells you that you are at the mercy of luck and the officer looking at your case.

Hope you will be able to file VS on time. In a worst case scenario you cannot, get in touch with your attorney and ask him to send a detailed explanation on your prompt efforts and repeated attempts to get the certificate. If its the English issue, let him send a letter explaining your attempts to clear it and efforts to improve your english. If its because of CGFNS delay, let the letter have all your TSE/TOEFL/IELTS/CGFNS/NCLEX certificates and the application receipt for VisaScreen. One of my friend got extension from TSC, when her attoreny submitted IELTS marks (0.5 less than what is required) and another letter from IELTS center that they will conduct exams only in every 2 months which will pass the deadline set by TSC for VS.

There is no quarantee that they will grant additional time. But, if your attoreny can convince your adjudicator that 'you are about to get it' chances are that they may give you an extension. Each case is different though. After all, attorneys plays a major role in AOS green card cases.

But, dont be panic. As carvanaragon sugested, move fast. You can do it!

Best of luck.


Originally Posted by carvanaragon
in my case, i was given 84 days to submit with a closing statement that says, failure to do so may result in the denial of my AOS. move fast....
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No. 4
from suzanne4
Old Jul 23, 2005, 08:06 PM

Most people contact me when they are at the 60 day point.
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No. 5
from wbd
Old Aug 02, 2005, 06:56 PM

Default thanks
Hello, all,

I would like to thank all for the kind information. I just got the notice today. It looks like it is hopeless since it states that no extension is granted!

The letter has three options.

1. Submit all evidence.
2. Submit some or none and request a decision to be made.
3. Withdraw.

Is it possible to waive TSE that is the only missing piece? The logic here is that I have worked here in US for more than a year and I have demonstrated my ability to communicate orally in English. This sounds like extremely remote.

Best wishes,

wbd
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No. 6
from suzanne4
Old Aug 02, 2005, 07:28 PM

That is even more of a reason to have proof of a passing score on the TSE.

If you have been working in the US as an RN and taking care of patients here as an RN, then you should be able to pass the exam; especially if it has been more than one year.

I do not see anyway that you are going to get around that requirement. I would start preparing for the exam as soon as possible.

English is part of the requirement of working as a nurse here. Be happy that you have not gotten "tagged" until now. Having a Visa Screen Certificate is also a necessity, and if no passing English score, then this means that you don't have that either. I will be very surprised if immigration doesn't act on this.
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No. 7
from suzanne4
Old Aug 02, 2005, 07:29 PM

Originally Posted by wbd
Hello, all,

I would like to thank all for the kind information. I just got the notice today. It looks like it is hopeless since it states that no extension is granted!

The letter has three options.

1. Submit all evidence.
2. Submit some or none and request a decision to be made.
3. Withdraw.

Is it possible to waive TSE that is the only missing piece? The logic here is that I have worked here in US for more than a year and I have demonstrated my ability to communicate orally in English. This sounds like extremely remote.

Best wishes,

wbd
How or why are they going to waive the most important piece of the English test?
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No. 8
from wbd
Old Aug 02, 2005, 07:49 PM

Default thanks
Originally Posted by suzanne4
How or why are they going to waive the most important piece of the English test?
Well, thanks first for your consistent support. I am going to take TSE this September. Even I passed it the first time (one of my friends has taken 3 times TSE, 2 times of IELTS, how many times I have to take to pass it?), I would not be able to submit the certificate on time. The only argument (logical, I hope) is that TSE is to test the ability to communicate orally in English. I have sucessfully worked here in the US for a year or so and I have demonstrated that ability. I am not certain whether that 'waiver' is possible or not. Even my lawyer did not think so. You could say that to waive TSE is my wish which is remote like I said.

Thanks.

wbd
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No. 9
from suzanne4
Old Aug 02, 2005, 09:02 PM

What about also taking the IELTS series earlier?
With the TSE, you won't be able to produce the VSC, but if you can produce the letter showing that you passed the exam, that should be all that you will need by the due date. They want to make sure that you have met the requirements for the VSC>
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