I-130 denied

[mwm7864]

Hi All,

I filled in I-130 for my parents and submitted online 8 days before I turned 21 somehow I thought I could apply 90 days before I turn 21 , But now 8 months later I got the denial letter and reason for denial is you have applied 8 days before you turned 21.

I feel decision was very unfair, I’m 21 and 8 months when somebody started working on the case , But I guess it doesn’t matter if I say it’s unfair or not Needed your recommendation the letter says you can appeal by filling out EIOR
29 with the fee of $110 and board will have to make a decision.

Should I appeal or just file a new petition again I don’t want to waste more time they might take 6 months to process appeal and turn around and deny it again please let me know if it’s worth to appeal ??


thanks ,

[R78]

The date of receipt matters, not when the officer looked at your application.
You filed early.
I would not waste money on an appeal as the rules are very clear.
File a new petition.

[verbose]

Think of it this way: Say someone applied for this benefit 2 years before they were eligible to apply. Should USCIS wait for that person to become eligible so as to process their case? What priority date should they assign to it? The day that they started working on it? Would it be fair for the applicant who waited to become eligible before applying?

This would mean that people could start applying when their children are born so that they will get the priority date when the kid becomes eligible to apply for the benefit (18 years or 21 years, whatever it is) If USCIS started to allow that, they would get bombarded with bogus applications claiming benefits that the petitioner is not yet eligible to receive.

Your application was signed on a date you were ineligible. That’s the reason for the rejection.

if I were you, I’d file it again.