Tweet
I-130: Questions after the denial of a petition
Hello,
**This is my first time to post on your forums .. even though I've been here for so long following the guidelines on several visa types and it's been amazing, so thank you very much for your priceless help!**
I have some questions to what I believe to be a complicated situation:
My wife(American/petitioner) and I (non-American/beneficiary) filed the i-130 petition and all the required documents in October 2012 to the USCIS office.
And then it just took so long to get to where we are today because they requested alot of evidences, mind you the processing times for these cases are long.
In August 2013, we called the USCIS in a routine check for the case status because we haven't heard any news about our case, and by then the application went beyond normal processing times. We actually called 3 times or more in august alone.
On September 3 2013, it was when the service operator submitted a "service request" to inquiry about the case and to know why it went "beyond normal processing times" and we were told to wait 13~15 days until it's processed.
In order to check, We called again and they told us to wait 15more days .. and not so long after, we received the bad news about the application's denial.
BUT that wasn't the end of it!
On September 19 2013, the service request response came and it attached/mentioned the following:
1-Copy of the denial notice, which mentions that the date of denial was on August 2 2013, and that the reason for denial was "wrong evidence submitted".
=> They requested an evidence to prove that both petitioner and beneficiary are still married and are not separated, so we provided 3 photographs,
and they said they denied the petition because the photographs were taken on the same day and without a date/time stamp on them.
(but this is not the problem, for now)
2-Information about how to appeal the decision, and the it has to be within 30days of the date of letter of denial (August 2 2013) along with fees required and address on where to send it to.
=> This is the PROBLEM! we received the letter after 30days of its date, a mistake from the USCIS office .. and therefor we forfeit the chance to appeal!
And not only that but also even though we called many times, in none of these calls we were even told or warned about it at all!
My thoughts are: If we can get the chance to appeal, we can easily prove the decision of denial to be mistaken, and therefor denial is not the main problem.
So here are the questions,
Even though over 30days have passed to appeal:
1-Is it still possible to appeal for the case on the wrong decision?
2-If Not, Is there any legal measure that we can take against the USCIS for their misinformation and negligence in order to help us appeal for our case?
3-If this doesn't work can we still apply again for another petition without any waiting times?
If you kindly direct us through, it'd be greatly appreciated,
Kind regards.
**This is my first time to post on your forums .. even though I've been here for so long following the guidelines on several visa types and it's been amazing, so thank you very much for your priceless help!**
I have some questions to what I believe to be a complicated situation:
My wife(American/petitioner) and I (non-American/beneficiary) filed the i-130 petition and all the required documents in October 2012 to the USCIS office.
And then it just took so long to get to where we are today because they requested alot of evidences, mind you the processing times for these cases are long.
In August 2013, we called the USCIS in a routine check for the case status because we haven't heard any news about our case, and by then the application went beyond normal processing times. We actually called 3 times or more in august alone.
On September 3 2013, it was when the service operator submitted a "service request" to inquiry about the case and to know why it went "beyond normal processing times" and we were told to wait 13~15 days until it's processed.
In order to check, We called again and they told us to wait 15more days .. and not so long after, we received the bad news about the application's denial.
BUT that wasn't the end of it!
On September 19 2013, the service request response came and it attached/mentioned the following:
1-Copy of the denial notice, which mentions that the date of denial was on August 2 2013, and that the reason for denial was "wrong evidence submitted".
=> They requested an evidence to prove that both petitioner and beneficiary are still married and are not separated, so we provided 3 photographs,
and they said they denied the petition because the photographs were taken on the same day and without a date/time stamp on them.
(but this is not the problem, for now)
2-Information about how to appeal the decision, and the it has to be within 30days of the date of letter of denial (August 2 2013) along with fees required and address on where to send it to.
=> This is the PROBLEM! we received the letter after 30days of its date, a mistake from the USCIS office .. and therefor we forfeit the chance to appeal!
And not only that but also even though we called many times, in none of these calls we were even told or warned about it at all!
My thoughts are: If we can get the chance to appeal, we can easily prove the decision of denial to be mistaken, and therefor denial is not the main problem.
So here are the questions,
Even though over 30days have passed to appeal:
1-Is it still possible to appeal for the case on the wrong decision?
2-If Not, Is there any legal measure that we can take against the USCIS for their misinformation and negligence in order to help us appeal for our case?
3-If this doesn't work can we still apply again for another petition without any waiting times?
If you kindly direct us through, it'd be greatly appreciated,
Kind regards.
Comment