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I-130 Petition to Relative was denied, need to appeal with EOIR-29 form

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  • I-130 Petition to Relative was denied, need to appeal with EOIR-29 form

    Hello All,

    My father sponsor my 3 siblings, 2 of them got approved and 1 got denied.

    Since my brother was born in Saudi Arab and his birthday certificate was in Arabic language we attach both original and true translation from Arabic to English.

    on May 2020 We received 1st RFE for missing birth certificate and respond back with same documents and couple other secondary documents and family pictures and i see status changed to "document Received"

    On July 2020, we received same REF for missing birth certificate and i was very confused with that so i called USCIS and they said " You get same RFE in 2 cases, either you send too many documents or did not send the primary document"

    So this time i just respond back with 2 document Birth Certificate and true translation.

    On October 13, 2020 my father received denial letter for my that brother mentioning the reason following reason

    "The birth certificate translation list registration date and beneficiaries birth date as 10-13- **** H (Islamic Hijri format). The translation is insufficient because the registration date and birth date were not translated in to Gregorian format"

    My brother have now obtain the new translation with Gregorian format but I spoke to one lawyer, he suggested me to just file new petition of i-130 , instead of filling an appeal.

    I am so heart broken with his statement....... filling a new case mean new priority date etc.
    Last edited by yasirmunir1; 10-21-2020, 03:15 PM.

  • #2
    Isn't the denied letter give you some date to appeal your case? if so, You definitely sound need a good lawyer but this is a very simple case and the one you talk sounds fishy. If this is a main reason they denied your case, you need to hire a good immigration attorney to file an appeal for you. NO need to file an I-130 again. Otherwise, why would they allow you to appeal?
    05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
    05/13 Rejected due to lack of I-864
    05/27 resubmitted with explanation
    06/03 Rejected again-same reason
    06/13 Resubmitted with I-864
    07/07 Lockbox emailed back and ask to resubmit
    07/09 Filings accepted with PD 05/08/20 (nice)
    08/06 Prior biometrics applied to I485
    08/28 Took biometrics for I-765 only
    09/28 I-765's Cards Ordered
    10/02 EAD/AP received
    04/12 Interview Sched
    05/11 Interview done approval on the spot but no USCIS update online

    Comment


    • #3
      Hello Tibwa
      thank you for your response... i am trying to understand what you referring as simple case and fishy?

      Comment


      • #4
        Originally posted by yasirmunir1 View Post
        Hello Tibwa
        thank you for your response... i am trying to understand what you referring as simple case and fishy?
        This is a simple case if USCIS rejected it because of the problem is the birth certificate. As long as you Dad is the actual Dad, there should be no problem filed an appeal for that case. This is why USCIS gave you an option to appeal a deny. The lawyer sound fishy meaning he cannot tell you the best solution in your case is to re-file the I-130 all over again. That makes no sense. It will take forever.

        Once you get a denied letter, it is a very serious case. You must have an Immigration lawyer to plead your case. If not, you might waste time and energy to solve the problem. This forum is not enough for you to solve this problem and apparently you are not to familiar with immigration for you to solve it by yourself.
        05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
        05/13 Rejected due to lack of I-864
        05/27 resubmitted with explanation
        06/03 Rejected again-same reason
        06/13 Resubmitted with I-864
        07/07 Lockbox emailed back and ask to resubmit
        07/09 Filings accepted with PD 05/08/20 (nice)
        08/06 Prior biometrics applied to I485
        08/28 Took biometrics for I-765 only
        09/28 I-765's Cards Ordered
        10/02 EAD/AP received
        04/12 Interview Sched
        05/11 Interview done approval on the spot but no USCIS update online

        Comment


        • #5
          Okay thank you... will look for some other lawyer

          Comment


          • #6
            Spoke to other lawyer today, he said the same thing file all over again....

            so frustrated right now

            Comment


            • #7
              Originally posted by yasirmunir1 View Post
              Spoke to other lawyer today, he said the same thing file all over again....

              so frustrated right now
              Do you actually talk to an immigration lawyer and just some lawyer? is you relative in the USA? How old is he? does not the denied letter said you can appeal?
              05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
              05/13 Rejected due to lack of I-864
              05/27 resubmitted with explanation
              06/03 Rejected again-same reason
              06/13 Resubmitted with I-864
              07/07 Lockbox emailed back and ask to resubmit
              07/09 Filings accepted with PD 05/08/20 (nice)
              08/06 Prior biometrics applied to I485
              08/28 Took biometrics for I-765 only
              09/28 I-765's Cards Ordered
              10/02 EAD/AP received
              04/12 Interview Sched
              05/11 Interview done approval on the spot but no USCIS update online

              Comment


              • #8
                Please note that there appears to be a timeframe within which this appeal must be filed (Google search says 30 days.)
                Not sure if the attorneys you spoke with advised new petition due to immigration court backlog, so would advise you hire the best attorney you can and also consider filing both an appeal and a fresh application to have the best chance at resolving this soon.

                it might all turn out much simpler than you think - since it appears to be a straightforward documentation related issue. Good luck and keep us posted.
                USC filed AOS for parents on B2. I am not a lawyer.
                Timeline
                2020
                7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
                8/4 <— Checks cashed
                8/5 <— I-797 SMS
                8/24 <— Biometrics completed
                10/19 <— I-485 ("New Card Is Being Produced")
                10/20 <— I-130 and I-485 ("Case Was Approved")
                10/22 <— I-130 and I-485 Approval notices received
                10/28 <— Green card#1 received
                11/07 <— Green card#2 received

                Comment


                • #9
                  Originally posted by Tibwa View Post

                  Do you actually talk to an immigration lawyer and just some lawyer? is you relative in the USA? How old is he? does not the denied letter said you can appeal?
                  Yes, they were all immigration lawyers.

                  Comment


                  • #10
                    Update: Today on March 16 2020, the cases and petition both got Approved!!!!!! ....... thank you all for comments.

                    Comment

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