Help Please! Concurrent filing denied.

[claresoong]

I filed I-130 and I-485 concurrently for my mom when she is visit me in the United States. The file date is two months before her visa expired. A few months later I received a mail asking to submit the birth certificates of both of us. I submitted the notarial birth certificates by mistake. A month later, we received the rejection letters. One is to me, I-130 is denied. The other one is to my mom, I-485 is denied. The reason is that I didn't provide enough evidence. The I-130 can be appealed in 30 days. The I-485 cannot be appeal, but can file a motion to reopen or reconsider, also in 30 days.

Now what should I do??? It is so hurt. I want to cry! Does my mom has to leave the United States immediately? Should I appeal both by filing Eoir-29 and I290-B as instructed? If so, can my mom stay in the US lawfully during the process? Or should I file another petition all over again? What's the advantages and disadvantages? If I appeal both, do I need to hire a lawyer? Hiring a lawyer looks affordable to me.

Thank you for all your help in advance.

[rayb]

It sounds as if you didn't respond correctly to the "Request for Evidence." Can you be more specific about your reference to A "Notarial birth certificate?" Is it possible that you did not respond with a birth certificate copy at all, but rather with some sort of notarized statement about your birth records? Anyway, before you pay some big fees and start over, you need to figure out what correct proof of identify and birth you can provide next time around.

I don't like to recommend "appeals" or "reopens" in situations such as you describe, because the denials were clearly by the rules and you risk wasting appeal or "reopen" fees.

Do both packages over (I-130 and I-485) and obtain third-party advice and review this time.

--Ray B

I filed I-130 and I-485 concurrently for my mom when she is visit me in the United States. The file date is two months before her visa expired. A few months later I received a mail asking to submit the birth certificates of both of us. I submitted the notarial birth certificates by mistake. A month later, we received the rejection letters. One is to me, I-130 is denied. The other one is to my mom, I-485 is denied. The reason is that I didn't provide enough evidence. The I-130 can be appealed in 30 days. The I-485 cannot be appeal, but can file a motion to reopen or reconsider, also in 30 days.

Now what should I do??? It is so hurt. I want to cry! Does my mom has to leave the United States immediately? Should I appeal both by filing Eoir-29 and I290-B as instructed? If so, can my mom stay in the US lawfully during the process? Or should I file another petition all over again? What's the advantages and disadvantages? If I appeal both, do I need to hire a lawyer? Hiring a lawyer looks affordable to me.

Thank you for all your help in advance.

[claresoong]

It sounds as if you didn't respond correctly to the "Request for Evidence." Can you be more specific about your reference to A "Notarial birth certificate?" Is it possible that you did not respond with a birth certificate copy at all, but rather with some sort of notarized statement about your birth records? Anyway, before you pay some big fees and start over, you need to figure out what correct proof of identify and birth you can provide next time around.

I don't like to recommend "appeals" or "reopens" in situations such as you describe, because the denials were clearly by the rules and you risk wasting appeal or "reopen" fees.

Do both packages over (I-130 and I-485) and obtain third-party advice and review this time.

--Ray B

Hi Ray,

Thank you for your reply. Yes, you are right. We didn't respond correctly to the request for evidence. They asked for me and my mom's birth certificates (with English translation), but I submitted the the notarial birth certificates instead. Actually both birth certificates that they required were available to submit but I just misunderstood. This is my fault. English is not my first language.

I really want to fix my mistakes. Does my mom still eligible to stay here? What's our next step? I really don't want to do anything against the law.

Thank you,

[claresoong]

It sounds as if you didn't respond correctly to the "Request for Evidence." Can you be more specific about your reference to A "Notarial birth certificate?" Is it possible that you did not respond with a birth certificate copy at all, but rather with some sort of notarized statement about your birth records? Anyway, before you pay some big fees and start over, you need to figure out what correct proof of identify and birth you can provide next time around.

I don't like to recommend "appeals" or "reopens" in situations such as you describe, because the denials were clearly by the rules and you risk wasting appeal or "reopen" fees.

Do both packages over (I-130 and I-485) and obtain third-party advice and review this time.

--Ray B

If we clearly know what proof they require, do you recommend to do both I-130 and I-485 all over again? If so, can my mom still stay in the US? My concern is that my mom's visitor visa has expired now. If she continue to stay, will it be a reason that they deny I-485 again?

Thank you! I really appreciate your help.

[rayb]

Submit new I-130 and I-485 packages, with all supporting documents, as if from scratch. But include an attachment referencing the denials of each form, separately, for failure to provide complete evidence.

This time around, don't submit just minimum documents, but submit copies of legal documents and proof of relationship (with I-130) and have a third party review all your paperwork for for completeness and compliance with requirements.

The only caveat is if either of the denials included an order to voluntarily leave the U.S. If that's the case, you have to go to "Plan B."

--Ray B

If we clearly know what proof they require, do you recommend to do both I-130 and I-485 all over again? If so, can my mom still stay in the US? My concern is that my mom's visitor visa has expired now. If she continue to stay, will it be a reason that they deny I-485 again?

Thank you! I really appreciate your help.

[claresoong]

Submit new I-130 and I-485 packages, with all supporting documents, as if from scratch. But include an attachment referencing the denials of each form, separately, for failure to provide complete evidence.

This time around, don't submit just minimum documents, but submit copies of legal documents and proof of relationship (with I-130) and have a third party review all your paperwork for for completeness and compliance with requirements.

The only caveat is if either of the denials included an order to voluntarily leave the U.S. If that's the case, you have to go to "Plan B."

--Ray B

Thank you Ray. Your reply has been very helpful. I really appreciate it. We have already hired a attorney to handle all the stuffs. It is pricey but we just want to make sure everything is fine this time.

Thanks again.